Section 13.18 Disclaimers to Avoid Creditors

• Library: Estate Planning 2013 Supp

7. (§13.18) Disclaimers to Avoid Creditors

As discussed in §13.4 above, § 469.010, RSMo 2000, directs that disclaimed property is, for all purposes, “deemed to have passed directly from the transferor to the ultimate taker or takers and is not subject to the claim of any creditor of the disclaimant.” Section 469.010 is consistent with the predecessor statute (§ 474.490.4, RSMo 1994, repealed in 1997) and is consistent with the long-established concept that a disclaimer “relates back” to the date of the transfer for all purposes, including creditors’ rights. It would seem clear, then, that if a transferee is willing to forego the benefit of a proposed transfer, the transferee may disclaim to defeat...