- (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.