Frances Slocum Bank & Trust Co. v. Estate of Martin

OPINION

BARTEAU, Judge.

Frances Slocum Bank and Trust Co. (“Bank”) appeals the summary judgment granted in favor of the personal representative of the Estate of Max D. Martin (“Estate”), raising three issues that we state as:

1.Whether the failure to record the disclaimer of interest rendered the disclaimer invalid?

2. Whether the disclaimer was not effective because the interest was encumbered before the disclaimer was filed?

3. Whether the Fraudulent Transfer Act precludes disclaimer of the interest?

We affirm.

FACTS

Bank had a judgment against Terry D. Martin (“Martin”) in the amount of…