(1) Upon the death of a holder of jointly held property, a surviving holder may disclaim, in whole or in part, the incremental portion of the jointly held property devolving to the surviving holder by right of survivorship.
A disclaimer pursuant to subsection (1) of this section takes effect as of the death ofthe holder of jointly held property to whose death the disclaimer relates.
In the event of a disclaimer pursuant to subsection (1) of this section with only oneholder surviving the death of the holder to whose death the disclaimer relates, the incremental portion disclaimed shall, as a consequence of the disclaimer, pass as part of the estate of the deceased holder.
In the event of a disclaimer pursuant to subsection (1) of this section with two ormore of the holders surviving the death of the holder to whose death the disclaimer relates:
The disclaimer does not sever the joint tenancy with respect to the jointly held property as among the surviving holders;
The incremental portion disclaimed shall, as a consequence of a disclaimer, devolveto the surviving holders in proportion to their respective interests in the jointly held property excluding the disclaimant and any other surviving holder who disclaims to the extent of his or her disclaimer of the incremental portion;
An incremental portion devolving to a surviving holder, as a consequence of one ormore disclaimers, may be disclaimed by the surviving holder;
To the extent that all of the surviving holders disclaim an incremental portion devolving to them, the portion shall instead pass as part of the estate of the deceased holder; and
The proportion of each of the surviving holders with respect to the jointly held property shall be adjusted to take into account the devolution of the incremental portion to the extent that the portion is disclaimed.
Source: L. 2011: Entire part added, (SB 11-166), ch. 203, p. 863, § 1, effective August 10.