Current through Chapter 61 of the 2024 Legislative Session and 2024 Executive Orders 125, 133 through 135
Section 13.70.110 - When disclaimer permitted, barred, or limited(a) A disclaimer is permitted unless barred under (b) - (f) of this section. A disclaimer is permitted even though the disclaimant is insolvent.(b) A disclaimer is barred by a written waiver of the right to disclaim.(c) A disclaimer of an interest in property is barred if any of the following events occurs before the disclaimer becomes effective:(1) the disclaimant accepts the interest sought to be disclaimed;(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to assign, convey, encumber, pledge, or transfer the interest sought to be disclaimed; or(3) a judicial sale or a nonjudicial foreclosure sale of the interest sought to be disclaimed occurs.(d) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.(e) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.(f) A disclaimer of an interest in or power over property under this chapter is barred and is not effective(1) to the extent the disclaimant is in arrears in child support payments; or(2) if the disclaimant is involved in a pending court or administrative proceeding to establish or modify the disclaimant's child support obligation or to establish whether the disclaimant is the biological father or mother of a child.(g) A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this chapter had the disclaimer not been barred.