Reid v. Amerifund Equity Group
Three of five intestate heirs had executed Chapter 739 disclaimers of any interest in the decedent's condominium during probate; after a foreclosure sale produced a surplus, the trial court held the disclaimers ineffective because they did not comply with section 45.033(3) and divided the surplus equally among all five siblings (with an assignee taking two shares). The Fourth District reversed, holding that transfers of surplus entitlement from a deceased owner of record to heirs are involuntary transfers by inheritance under section 45.033(2)(b), which are not subject to section 45.033(3)'s conditions, and that valid, irrevocable probate disclaimers eliminate any derivative claim to the surplus.
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