59-2291.
Disclaimer of interest in property; persons authorized; disclaimer instrument, contents, validity.
(a) A person or the personal representative of a person may disclaim in whole, in part or in an undivided part any real or personal property, or any interest therein or power thereover, passing upon death of another to such person as: (1) Heir; (2) next of kin; (3) devisee; (4) legatee; (5) a person succeeding to a disclaimed interest; (6) beneficiary under a testamentary instrument; (7) beneficiary under an insurance policy; (8) joint owner with a right of survivorship in real or personal property, to the extent the survivor may take more than the survivor's equitable portion of the property; (9) a person named to take on the death of the other person; (10) donee of a power of appointment; (11) beneficiary under the terms of an inter vivos trust; or (12) a person designated to take pursuant to a power of appointment exercised by or under a testamentary instrument.
(b) Disclaimer pursuant to this act shall be made by filing a written instrument and giving notice thereof in the manner hereinafter provided. The instrument shall: (1) Describe the property, interest or power subject to the disclaimer, (2) contain a declaration of disclaimer and the extent thereof and (3) be signed and acknowledged by the disclaimant.
(c) Notwithstanding the provisions of subsections (a) and (b), a disclaimer shall only be valid to the extent that it does not conflict with K.S.A. 39-709 and amendments thereto.
History:
L. 1968, ch. 367, § 1; L. 1976, ch. 242, § 47; L. 1980, ch. 168, § 1; L. 1985, ch. 191, § 45; L. 1993, ch. 180, § 2; July 1.
Notes of Decisions
In Re the Est. of Estes, 718 P.2d 298 (Kan. 1986).
· cites it 5× “Pursuant to K.S.A. 59-2291 et seq., on September 10, 1984, Voyle and Austin Chance, as executors of the estate of Gladys Evans, filed a disclaimer to any and all interest in the estate of Nellie Estes, under the will, through intestacy or by joint tenancy.”
Citizens State Bank of Grainfield v. Kaiser, 750 P.2d 422 (Kan. Ct. App. 1988).
· cites it 4× “*537 In 1980 the legislature expanded the types of property and interests that may be disclaimed: “(a) A person or the personal representative of a person may disclaim in whole, or in part or in an undivided part any real or personal property, or interest therein or power…”
Est. of Bennett v. Comm'r, 100 T.C. 42 (Tax Ct. 1993).
“1990) sets forth the requirements for a disclaimer of an interest in property: (a) A person or the personal representative of a person may disclaim in whole, in part or in an undivided part any real or personal property, or any interest therein or power thereover, passing upon…”
Gorham State Bank v. Sellens, 772 P.2d 793 (Kan. 1989).
“On May 5,1986, Berniece disclaimed all her interest in her husband’s estate pursuant to K.S.A. 59-2291 et seq. The four-month period for filing claims or demands against Ralph Sellens’ estate expired May 20, 1986.”
Dyer v. Eckols, 808 S.W.2d 531 (Tex. App. 1991).
“1990); Kan.Stat.Ann. §§ 59-2291(a), 59-2293(a) (1983 & Supp.”
In Re the Est. of Burmeister, 594 P.2d 226 (Kan. 1979).
· cites it 4× “The Act on Disclaimer to Succession, K.S.A. 59-2291 et seq., in relevant part, provides: K.”
In Re the Est. of Mater, 8 P.3d 1274 (Kan. Ct. App. 2000).
· cites it 3× “367 [codified at K.S.A. 59-2291]). At the time of Edward’s death, K.”
Est. of Ramsey v. Ramsey, 622 P.2d 626 (Kan. 1981).
“K.S.A. 59-2291 provides in part that a beneficiary under a will “may disclaim in whole or in part the succession to any property, real or personal, or interest therein .”
— K.S.A. § 59-2291(a) — 3 cases
Dyer v. Eckols, 808 S.W.2d 531 (Tex. App. 1991).
“1990); Kan.Stat.Ann. §§ 59-2291(a), 59-2293(a) (1983 & Supp.”
Citizens State Bank of Grainfield v. Kaiser, 750 P.2d 422 (Kan. Ct. App. 1988).
“*537 In 1980 the legislature expanded the types of property and interests that may be disclaimed: “(a) A person or the personal representative of a person may disclaim in whole, or in part or in an undivided part any real or personal property, or interest therein or power…”
In Re the Est. of Mater, 8 P.3d 1274 (Kan. Ct. App. 2000).
“367 [codified at K.S.A. 59-2291]). At the time of Edward’s death, K.”
— K.S.A. § 59-2291(a)(8) — 1 case
In Re the Est. of Estes, 718 P.2d 298 (Kan. 1986).
“Pursuant to K.S.A. 59-2291 et seq., on September 10, 1984, Voyle and Austin Chance, as executors of the estate of Gladys Evans, filed a disclaimer to any and all interest in the estate of Nellie Estes, under the will, through intestacy or by joint tenancy.”
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