US Lawyer Database

Sec. 13.70.100. Delivery or filing.

(a) Subject to (b) – (l) of this section, delivery of a disclaimer may be effected by personal delivery, first class mail, or any other method likely to result in its receipt. A disclaimer sent by first class mail is considered to have been delivered on the date it is postmarked. Delivery by personal delivery […]

Sec. 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 […]

Sec. 13.70.120. Tax-qualified disclaimer.

(a) Notwithstanding any other provision of this chapter, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated under the provisions of 26 U.S.C. (Internal Revenue Code) as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this chapter. In […]

Sec. 13.70.130. Recording of disclaimer.

If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be filed, recorded, or registered as required or permitted by law. Except as otherwise provided in AS 13.70.100(f)(2), failure to file, record, or register the […]

Sec. 13.70.140. Application to existing relationships.

Except as otherwise provided in AS 13.70.110, an interest in or power over property existing on September 7, 2010 as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after September 7, 2010.

Sec. 13.70.010. Scope.

This chapter applies to disclaimers of any interest in or power over property, whenever created.

Sec. 13.70.190. Definitions.

In this chapter, (1) “disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made; (2) “disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made; (3) “disclaimer” means the refusal to accept an interest in or power […]

Sec. 13.70.020. Supplemented by other law.

(a) Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter. (b) This chapter does not limit any right of a person to waive, release, disclaim, or renounce an interest in or power over property under a law other than this chapter.