59-2293. Same; effect of disclaimer; disclaimer barred, when; limit on disclaimant's interest of no effect; interests subject to disclaimer; disclaimer applicable to income from property disclaimed. (a) Unless the decedent or donee of the power has otherwise provided, the property, interest or power disclaimed as provided in K.S.A. 59-2291 and amendments thereto shall descend or be distributed as if the disclaimant had predeceased the decedent or, if the disclaimant is designated to take pursuant to a power of appointment exercised by or under a testamentary instrument, as if the disclaimant had predeceased the donee of the power. In every case, the disclaimer shall relate back for all purposes to the date of death of the decedent or the donee, as the case may be, except that, in the case of a beneficiary under the terms of an inter vivos trust, the disclaimer shall relate back to the date of the transfer.
(b) Any conveyance of or contract to convey real property or any interest therein, any assignment or transfer of or contract to assign or transfer personal property, any written waiver of the right to disclaim the taking of or power over real or personal property or any sale or other disposition of real or personal property pursuant to judicial process by a person attempting to disclaim the taking of or power over property bars the right of such person to disclaim as to the power, property or interest.
(c) The right to disclaim shall exist irrespective of any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction.
(d) A disclaimer when filed and recorded or a written waiver of the right to disclaim shall be final, and the disclaimer or waiver cannot be revoked and shall be binding upon the disclaimant or person waiving, the personal representative of the disclaimant or person waiving and all parties claiming the right to disclaim or waive by, through or under the disclaimant or person waiving, except that, in the case of disclaimer, the interest in or power over the property shall pass as provided in subsection (a) unless otherwise provided by the instrument creating the interest or power or unless the interest or power is further disclaimed by the person succeeding to the disclaimed interest or power.
(e) Any interest in real or personal property which exists on the effective date of this act, but which has not then become indefeasibly fixed both in quality and quantity, or the taker of which has not then become finally ascertained, may be disclaimed after the effective date of this act in the manner provided herein, but no interest which has become fixed prior to the effective date of this act in any person other than the disclaimant shall be destroyed or diminished by any action of the disclaimant taken pursuant to this act.
(f) Any interest, rents, profits or other income which arises from an interest in property disclaimed pursuant to this act and which accrues between the date of the death of the decedent or donee and the date of the disclaimer shall be the property of the person entitled to receive the disclaimed interest in the property and the person shall have a right of action against the disclaimant to recover that income.
History: L. 1968, ch. 367, § 3; L. 1980, ch. 168, § 3; L. 1982, ch. 236, § 1; July 1.
Structure Kansas Statutes
Article 22 - Probate Procedure
59-2204 Commencement of proceeding.
59-2205 Persons under disability.
59-2207 Venue of actions against fiduciaries.
59-2208 Notice fixed by court; waiver.
59-2209 Notice by publication and mailing.
59-2211 Proof of service; effect.
59-2212 Hearings and rules of evidence.
59-2213 Judgments; verification of the petition; vacation or modification.
59-2214 Taxation of costs and security therefor; poverty affidavit.
59-2215 Remission of court costs in small estates.
59-2216 Disclosure proceedings.
59-2219 Petition for administration.
59-2220 Petition for probate of will.
59-2221 Who may petition for probate or administration.
59-2222 Notice of hearing; contents.
59-2223 Hearing; entry of appearance, waiver of notice and consent to immediate hearing.
59-2224 Hearings for probate and for determination of validity of spouse's consent; procedure.
59-2225 Hearing on will in opposition.
59-2226 Will presented after probate of will.
59-2228 Hearing for probate of lost will.
59-2229 Admission of will probated outside state.
59-2230 Admission of will probated elsewhere.
59-2231 Record of order setting aside will probated elsewhere.
59-2232 Hearing for administration.
59-2233 Notice to surviving spouse.
59-2233a Same; 59-603 and 59-2233 not retroactive.
59-2234 Election in case of incapacity.
59-2235 Selection of homestead and allowances.
59-2237 Exhibition of demands and hearing thereon; allowance without hearing, when.
59-2238 Actions pending against decedent at time of death; revivor of actions.
59-2239 Claims against estate; time for filing; when barred.
59-2241 Hearing on contingent demands.
59-2242 Sale of personal property; limitations.
59-2243 Notice of sale at public auction.
59-2245 Report of sale of personal property.
59-2247 Petition and notice of final settlement.
59-2248 Determination of advancements.
59-2249 Hearing and final decree; real estate; distributive share subject to order of garnishment.
59-2250 Proceedings to determine descent.
59-2253 Petition and notice of hearing on account.
59-2256 Effect of court approval.
59-2281 Cases in which joinder of administration proceedings proper.
59-2282 Same; proceedings to determine descent.
59-2283 Joinder of administration; separate proceedings, when.
59-2284 Same; facts as to each estate.
59-2286 Institution of proceedings; notice, hearing, order and decree; time for appeal.
59-2287 Refusal to grant letters of administration; order; notice; termination of administration.
59-2288 Same; apportionment of property between surviving spouse and minor children.
59-2289 Same; appraisal may be ordered.
59-2290 Same; act supplemental to probate code.
59-2292 Same; filing and recordation of disclaimer instrument.