CHAPTER 7. DELIVERY OR FILING OF DISCLAIMER

IC 32-17.5-7
    Chapter 7. Delivery or Filing of Disclaimer

IC 32-17.5-7-1
Delivery; in general
    Sec. 1. Subject to sections 2 through 11 of this chapter, adisclaimer may be delivered by:
        (1) personal delivery;
        (2) first class mail; or
        (3) any other method likely to result in receipt of the disclaimer.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-2
Interest created by intestate succession or will
    Sec. 2. A disclaimer of an interest created under the law ofintestate succession or an interest created by will, other than aninterest in a testamentary trust, must be:
        (1) delivered to the personal representative of the decedent'sestate; or
        (2) filed with a court having jurisdiction to appoint the personalrepresentative if no personal representative is then serving.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-3
Interest in testamentary trust
    Sec. 3. A disclaimer of an interest in a testamentary trust must be:
        (1) delivered to the trustee then serving;
        (2) delivered to the personal representative of the decedent'sestate if no trustee is then serving; or
        (3) filed with a court having jurisdiction to enforce the trust ifno personal representative is then serving.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-4
Interest in an intervivos trust
    Sec. 4. A disclaimer of an interest in an inter vivos trust must be:
        (1) delivered to the trustee then serving;
        (2) filed with a court having jurisdiction to enforce the trust ifno trustee is then serving; or
        (3) delivered to the settlor of a revocable trust or the transferorof the interest if the disclaimer is made before the time theinstrument creating the trust becomes irrevocable.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-5
Interest created by beneficiary designation
    Sec. 5. A disclaimer of an interest created by a beneficiarydesignation made before the time the designation becomesirrevocable must be delivered to the person making the beneficiarydesignation.As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-6
Disclaiming after beneficiary designation irrevocable
    Sec. 6. A disclaimer of an interest created by a beneficiarydesignation made after the time the designation becomes irrevocablemust be delivered to the person obligated to distribute the interest.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-7
Jointly held property
    Sec. 7. A disclaimer by a surviving holder of jointly held propertymust be delivered to the person to whom the disclaimed interestpasses.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-8
Disclaimer by object or taker in default of exercise of power ofappointment
    Sec. 8. (a) This section applies to a disclaimer of an interest inproperty by:
        (1) an object; or
        (2) a taker in default;
of exercise of a power of appointment.
    (b) At any time after the power was created, the disclaimer mustbe:
        (1) delivered to the holder of the power or to the fiduciaryacting under the instrument that created the power; or
        (2) filed with a court having authority to appoint a fiduciary ifno fiduciary is then serving.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-9
Appointee of nonfiduciary power of appointment
    Sec. 9. A disclaimer by an appointee of a nonfiduciary power ofappointment must be:
        (1) delivered to:
            (A) the holder;
            (B) the personal representative of the holder's estate; or
            (C) the fiduciary under the instrument that created thepower; or
        (2) filed with a court having authority to appoint the fiduciaryif no fiduciary is then serving.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-10
Fiduciary of a power over a trust or estate
    Sec. 10. A disclaimer by a fiduciary of a power over a trust orestate must be delivered as provided in section 2, 3, or 4 of thischapter as if the power disclaimed were an interest in property.As added by P.L.5-2003, SEC.1.

IC 32-17.5-7-11
Disclaimer by agent
    Sec. 11. In the case of a disclaimer of a power by an agent, thedisclaimer must be delivered to the principal or the principal'srepresentative.
As added by P.L.5-2003, SEC.1.