Estate of Bryant

Opinion

HOLMDAHL, J.

This case involves interpretation of the disclaimer provisions of the Probate Code. At issue is whether section 190.5 bars children of disclaimants from taking the disclaimed property, whether section 190.6 applies to disclaimer of an intestate interest, and how disclaimed property should be distributed. *

We reverse the order and remand the case for further proceedings.

Statement of Facts

Howard Russell Bryant died intestate on January 29, 1981. He was survived by his wife, Edna Mae Bryant, administratrix of his estate (hereafter, appellant), a daughter, a son, and a brother.…