CHAPTER 8. LIMITATION OR BAR OF DISCLAIMER

IC 32-17.5-8
    Chapter 8. Limitation or Bar of Disclaimer

IC 32-17.5-8-1
Waiver
    Sec. 1. A disclaimer is barred by a written waiver of the right todisclaim if the waiver is:
        (1) executed before the date of the disclaimer;
        (2) executed by the person having the right to disclaim; and
        (3) delivered or filed in the same manner that a disclaimerwould be delivered or filed under IC 32-17.5-7.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-8-2
Events barring disclaimer
    Sec. 2. A disclaimer of an interest in property is barred if any ofthe following events occur before the disclaimer becomes effective:
        (1) The disclaimant accepts the interest sought to be disclaimed.
        (2) The disclaimant voluntarily:
            (A) assigns, conveys, encumbers, pledges, or transfers theinterest sought to be disclaimed; or
            (B) contracts to take an action described in clause (A).
        (3) A judicial sale of the interest sought to be disclaimedoccurs.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-8-2.5
Disclaimer barred in amount of child support arrearage
    Sec. 2.5. (a) This section applies to a disclaimer of an interest inproperty by a disclaimant who is delinquent (as defined inIC 31-9-2-36(b)) before the disclaimer becomes effective.
    (b) A disclaimer of an interest in property is barred up to theamount of the disclaimant's child support arrearage.
As added by P.L.80-2010, SEC.52.

IC 32-17.5-8-3
Power held in fiduciary capacity
    Sec. 3. A disclaimer, in whole or part, of the future exercise of apower held in a fiduciary capacity is not barred by the previousexercise of the power.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-8-4
Power not held in fiduciary capacity
    Sec. 4. A disclaimer, in whole or part, of the future exercise of apower not held in a fiduciary capacity is not barred by the previousexercise of the power unless the power is exercisable in favor of thedisclaimant.
As added by P.L.5-2003, SEC.1.
IC 32-17.5-8-5
Other law
    Sec. 5. A disclaimer is barred or limited if the disclaimer is barredor limited by Indiana law other than this article.
As added by P.L.5-2003, SEC.1.

IC 32-17.5-8-6
Effect of disclaimer
    Sec. 6. (a) A disclaimer of a power over property that is barred bythis article is ineffective.
    (b) A disclaimer of an interest in property that is barred by thisarticle takes effect as a transfer of the interest disclaimed to thepersons who would have taken the interest under this article had thedisclaimer not been barred.
As added by P.L.5-2003, SEC.1.