Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

1. A disclaimer is barred by a written waiver of the right to disclaim. 2. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: a. The disclaimant accepts the interest sought to be disclaimed. b. The discl…

1. Unless displaced by a provision of this chapter , the principles of law and equity supplement this chapter . 2. This chapter does not limit any right of a person to disclaim an interest in or power over property under a statute other than this chapter . 2004 Acts, ch 1015, §21…

A disclaimer of any property, interest, or right pursuant to the provisions of this chapter constitutes a transfer of assets for the purpose of determining eligibility for medical assistance under chapter 249A in an amount equal to the value of the property, interest, or right di…

Except as otherwise provided in section 633E.13 , an interest in or power over property existing on July 1, 2004, as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after July 1, 2004. 2004 Acts, ch 10…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provisions or application, and to this end, the …

For purposes of this chapter , the following definitions shall apply: 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 the disclaimant refuses to accept that wo…

This chapter applies to disclaimers of any interest in or power over property, whenever and however created. 2004 Acts, ch 1015, §10 C2005, §633.903 2005 Acts, ch 38, §52, 53 CS2005, §633E.3

Except as provided in sections 633E.13 and 633E.15 , notwithstanding any other provision of this chapter , any disclaimer or transfer that meets the requirements of section 2518 of the Internal Revenue Code , and the regulations promulgated thereunder, for the purpose of being a …

1. A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whenever and however acquired. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transf…

1. As used in this section : a. “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. b. “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment…

1. Upon the death of a holder of jointly held property, either of the following may occur: 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 contribution without the c…

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. 2004 Acts, ch 1015, §15 C2005, §633.908 2005 Acts, ch 38, §53 CS2005, §633E.8 Referred to in §633E.5 , 633E.6

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules shall apply: 1. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. 2. If the…