In re Estate of Lamson

This is an interlocutory transfer without ruling from the Rockingham County Probate Court (Maher, J.) pursuant to Supreme Court Rule 9. The question presented is whether a disclaimer exercised on behalf of a decedent by his or her executor, administrator, or other personal representative to disclaim a survivorship interest is valid without express authority in the will or trust. We answer the transferred question in the affirmative.

Robert Lamson died on October 24, 1991; his widow, Lillian Lamson, died on January 18, 1992. The executor of each estate is their son, John Lamson, and the wills…