[WSBARP] Disclaimer of interest

[Rod Harmon]

The disclaimer statute allows a person who takes an interest by intestate succession to disclaim it.  But the statute says that the disclaimer must be delivered within 9 months after the date of the transfer. I presume the date of transfer is the date of death.  That seems to say that there can be no valid disclaimer unless it is made within 9 months of the intestate's death. Am I reading that correctly?  If so, can anyone explain to me the purpose of the 9 month limitation?

The reason I ask is that I have a situation in which the intestate died over 9 months ago leaving two adult children and a condominium unit.  Sister wants to disclaim her interest in the condominium unit so that the brother can have it and so that the sister can avoid any taxes relating to it.
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