Time for filing. A disclaimer to be effective must be filed within a reasonable time after the person able to disclaim acquires knowledge of the interest.
1. Except as otherwise provided in subsection 3, a disclaimer is conclusively presumed to have been filed within a reasonable time if filed:
(a) In case of interests created by will, within 9 months after the death of the person creating the interest.
(b) In case of interests arising from intestate succession, within 9 months after the death of the person dying intestate.
(c) In case of interests created by inter vivos trust, within 9 months after the interest becomes indefeasibly fixed.
(d) In other cases, within 9 months after the first knowledge of the interest is acquired by a person able to disclaim.
(e) Interests resulting from the exercise or nonexercise of a testamentary or nontestamentary power of appointment shall be deemed created by the donee of the power.
2. If the disclaimer is not filed within the time set forth in subsection 1, the disclaimant has the burden of establishing that the disclaimer was filed within a reasonable time after he acquired knowledge of the interest.
3. A disclaimer is conclusively presumed not to have been filed within a reasonable time after the person able to disclaim acquired knowledge of the interest if:
(a) An interest in the property which is in whole or in part sought to be disclaimed has been acquired by a purchaser or encumbrancer for value subsequent to or concurrently with the creation of the interest sought to be disclaimed and before the disclaimer; and
(b) One year has elapsed from the death of the person dying intestate or creating by will the interest sought to be disclaimed, or from the date of the transfer by inter vivos gift, whether outright or in trust.
Last modified: February 27, 2006