Stein v. Brown

This appeal presents a case of first impression. The issue is whether appellee, as a will beneficiary, can effectively disclaim his inheritance pursuant to R.C. 1339.60 under the facts herein. The appellate court held that the disclaimer was valid. For the reasons which follow, we disagree.

*307The ambit of authority to disclaim a testamentary succession to real and personal property is contained -within R.C. 1339.60(B). In relation to this appeal, subsection (1) provides:

“A disclaimant, other than a fiduciary under an instrument who is not authorized by the instrument to disclaim the interest of…