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 to
disclaim 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 disclaimer
would 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 of
the 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 the
interest 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 disclaimed
occurs.

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 in
property by a disclaimant who is delinquent (as defined in
IC 31-9-2-36(b)) before the disclaimer becomes effective.

    (b) A disclaimer of an interest in property is barred up to the
amount 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 a
power held in a fiduciary capacity is not barred by the previous
exercise 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 a
power not held in a fiduciary capacity is not barred by the previous
exercise of the power unless the power is exercisable in favor of the
disclaimant.

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 barred
or 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 by
this article is ineffective.

    (b) A disclaimer of an interest in property that is barred by this
article takes effect as a transfer of the interest disclaimed to the
persons who would have taken the interest under this article had the
disclaimer not been barred.

As added by P.L.5-2003, SEC.1.