Misfiled disclaimer deemed ineffective

In the case of In re Estate of Boren, 268 S.W.3d 841 (Tex. App. – Texarkana 2008, pet. denied), Beneficiaries signed disclaimers of all property to which they would be entitled from Testatrix’s estate prior to her death.

On the same day that Testatrix died, Beneficiaries filed revocations of those disclaimers.  The trial court held that the disclaimers were effective.

The appellate court reversed.  The court explained that the disclaimers were not filed in accordance with Probate Code § 37A but instead were filed in the papers of Testatrix’s spouse’s guardianship.  Filing in the wrong place is both against the letter of the law and the policy of the filing requirement which is to give notice to creditors and prospective purchasers.  Because Beneficiaries revoked their disclaimers before they were properly filed, their attempt to revoke them was successful.

Moral:  A disclaimer should be filed in the appropriate location as mandated by Probate Code § 37A.