Estate of Leona Engelman, Deceased, Peggy D. Mattson, Executor - Page 15

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                    (1) The beneficiary, or someone acting on behalf                  
               of the beneficiary, makes a voluntary assignment,                      
               conveyance, encumbrance, pledge, or transfer of the                    
               interest or part thereof, or contracts to do so;                       
               provided, however, that a beneficiary will not have                    
               accepted an interest if the beneficiary makes a                        
               gratuitous conveyance or transfer of the beneficiary’s                 
               entire interest in property to the person or persons                   
               who would have received the property had the                           
               beneficiary made an otherwise qualified disclaimer                     
               pursuant to this part.                                                 
                         *    *    *    *    *    *    *                              
                    (3) The beneficiary, or someone acting on behalf                  
               of the beneficiary, accepts the interest or part                       
               thereof or benefit thereunder.                                         
          Thus, California law, like Federal law, incorporates a rule                 
          denying the effectiveness of a disclaimer in situations                     
          evidencing a prior acceptance of benefits.                                  
               The foregoing statute was recently interpreted by the Court            
          of Appeals for the Ninth Circuit, to which appeal in the instant            
          case would normally lie, in Cassell v. Kolb (In re Kolb), 326               
          F.3d 1030 (9th Cir. 2003).  There, in the context of a bankruptcy           
          proceeding, the Court of Appeals considered whether certain acts            
          by a debtor constituted acceptance of a contingent interest in              
          trust assets and thereby prevented the debtor from later                    
          disclaiming the property.  Id. at 1033-1034.  The appellate court           
          focused on construction of the “broad ‘catch-all’ language” in              
          Cal. Prob. Code section 285(b)(3).  Id. at 1037.  After first               
          noting the dearth of California caselaw on the statute, the Court           
          of Appeals engaged in an extensive analysis of the language and             






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