469.010. General rule, effect of disclaimer.
General rule, effect of disclaimer.
469.010. Any individual to whom property or an interest therein isdonatively transferred by any means, including a transfer resulting fromanother disclaimer, may disclaim all or any portion of the transfer.Unless the terms of the transfer otherwise provide, the disclaimer shallcause the terms of the transfer to be applied to the disclaimed transferand to any future interests taking effect thereafter as if the disclaimanthad died immediately before the transfer. The presumption of adisclaimant's death does not prevent recognition of the disclaimant's laterborn children and their issue, assuming they have rights after all properacceleration has taken place, nor does it prevent recognition of future andother interests of the disclaimant which are not disclaimed. For allpurposes the disclaimed interest is deemed to have passed directly from thetransferor to the ultimate taker or takers and is not subject to the claimof any creditor of the disclaimant. A disclaimed portion of a transferpasses to the same ultimate taker or takers and in the same proportions asin the case of a disclaimer of all of the transfer.
(L. 1997 S.B. 265)