SECTION 2-110. DEBTS TO DECEDENT. Uniform Probate Code
A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants.
Comment
Section 2-110 supplements Section 3-903, Right of Retainer.
Effect of Disclaimer. Section 2-1106(b)(3)(A) prevents a living debtor from using the combined effects of the last sentence of Section 2-110 and a disclaimer to avoid a set-off. Although Section 2-110 provides that, if the debtor actually fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants, the same result is not produced when a living debtor disclaims. Section 2-1106(b)(3)(A) provides that the “interest” disclaimed, not the decedent’s estate as a whole, devolves as though the disclaimant predeceased the decedent. The “interest” disclaimed by a living debtor is the share the debtor would have taken had he or she not disclaimed – his or her intestate share minus the debt.
2002 Amendment Relating to Disclaimers. In 2002, the Code’s former disclaimer provision (Section 2-801) was replaced by the Uniform Disclaimer of Property Interests Act, which is incorporated into the Code as Part 11 of Article 2 (Sections 2-1101 to 2-1117). The statutory references in this Comment to former Section 2-801 have been replaced by appropriate references to Part 11. Updating these statutory references has not changed the substance of this Comment.
A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants.
Comment
Section 2-110 supplements Section 3-903, Right of Retainer.
Effect of Disclaimer. Section 2-1106(b)(3)(A) prevents a living debtor from using the combined effects of the last sentence of Section 2-110 and a disclaimer to avoid a set-off. Although Section 2-110 provides that, if the debtor actually fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor’s descendants, the same result is not produced when a living debtor disclaims. Section 2-1106(b)(3)(A) provides that the “interest” disclaimed, not the decedent’s estate as a whole, devolves as though the disclaimant predeceased the decedent. The “interest” disclaimed by a living debtor is the share the debtor would have taken had he or she not disclaimed – his or her intestate share minus the debt.
2002 Amendment Relating to Disclaimers. In 2002, the Code’s former disclaimer provision (Section 2-801) was replaced by the Uniform Disclaimer of Property Interests Act, which is incorporated into the Code as Part 11 of Article 2 (Sections 2-1101 to 2-1117). The statutory references in this Comment to former Section 2-801 have been replaced by appropriate references to Part 11. Updating these statutory references has not changed the substance of this Comment.
No comments:
Post a Comment