Case Summary:
Disclaimer executed by debtor on July 1, 1983 -- nearly two years prior to her bankruptcy filing on June 18, 1985 -- did not constitute a fraudulent conveyance pursuant to § 242.04 or § 242.07 of the Wisconsin Statutes. Debtor executed disclaimer pursuant to § 853.40 of the Wisconsin Statutes, effectively disclaiming any interest she was entitled to receive as a beneficiary of decedent's will. "Disclaimer" is not included in statutory definition of "conveyance" contained in § 242.01(2) of Wisconsin Statutes. Section 853.40(7) of the Wisconsin Statutes sets forth three ways in which individual's right to disclaim is barred. Insolvency is not one of them. Trustee presented no evidence that waiver was result of improper inducement or collusion by which debtor received improper benefit. Fact that devised property will vest in another family member does not constitute improper benefit.
Statue/Rule References:
Wis. Stat. § 242 -- Fraudulent Conveyance
Wis. Stat. § 853.40 -- Disclaimer
Key Terms:
Disclaimer
Fraudulent Conveyance