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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 70. Disclaimer of Property Interests
- Section 110. When Disclaimer Permitted, Barred, or Limited.
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Section 100. Delivery or Filing.
next:
Section 120. Tax-Qualified Disclaimer.
AS 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 before the disclaimer becomes effective:
(1) the disclaimant accepts the interest sought to be disclaimed;
(2) the disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts
to assign, convey, encumber, pledge, or transfer the interest sought to be disclaimed; or
(3) a judicial sale or a nonjudicial foreclosure sale of the interest sought to be disclaimed occurs.
(d) A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(e) A disclaimer, in whole or part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise
unless the power is exercisable in favor of the disclaimant.
(f) A disclaimer of an interest in or power over property under this chapter is barred and is not effective
(1) to the extent the disclaimant is in arrears in child support payments; or
(2) if the disclaimant is involved in a pending court or administrative proceeding to establish or modify the disclaimant's child support
obligation or to establish whether the disclaimant is the biological father or mother of a child.
(g) A disclaimer of a power over property that is barred by this section is ineffective. A disclaimer of an interest in property that is
barred by this section takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this
chapter had the disclaimer not been barred.
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