739.202 – Disclaimer of Rights of Survivorship in Jointly Held Property.
739.202 Disclaimer of rights of survivorship in jointly held property.— (1) Upon the death of a holder of jointly held property: (a) If, during the deceased holder’s lifetime, the deceased holder could have unilaterally regained a portion of the property attributable to the deceased holder’s contributions without the consent of any other holder, another holder may disclaim, in […]
739.203 – Disclaimer of Property Held as Tenancy by the Entirety.
739.203 Disclaimer of property held as tenancy by the entirety.— (1) The survivorship interest in property held as a tenancy by the entirety to which the survivor succeeds by operation of law upon the death of the cotenant may be disclaimed as provided in this chapter. For purposes of this chapter only, the deceased tenant’s interest in […]
739.204 – Disclaimer of Interest by Trustee.
739.204 Disclaimer of interest by trustee.—If a trustee having the power to disclaim under the instrument creating the fiduciary relationship or pursuant to court order disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. History.—s. 1, ch. 2005-108.
739.205 – Disclaimer of Power of Appointment or Other Power Not Held in a Fiduciary Capacity.
739.205 Disclaimer of power of appointment or other power not held in a fiduciary capacity.—If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules apply: (1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power […]
739.206 – Disclaimer by Appointee, Object, or Taker in Default of Exercise of Power of Appointment.
739.206 Disclaimer by appointee, object, or taker in default of exercise of power of appointment.— (1) A disclaimer of an interest in property by an appointee of a power of appointment takes effect as of the time the instrument by which the holder exercises the power becomes irrevocable. (2) A disclaimer of an interest in property by an […]
739.207 – Disclaimer of Power Held in Fiduciary Capacity.
739.207 Disclaimer of power held in fiduciary capacity.— (1) If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. (2) If a fiduciary disclaims a power held in a fiduciary capacity which has been exercised, the disclaimer […]
739.301 – Delivery or Filing.
739.301 Delivery or filing.— (1) Subject to subsections (2) through (12), delivery of a disclaimer may be effected by personal delivery, first-class mail, or any other method that results in its receipt. A disclaimer sent by first-class mail shall be deemed to have been delivered on the date it is postmarked. Delivery by any other method shall […]