Disclaimed shares pass to those who would take if the disclaiming heir __________. Fill in the blank.

• A. survived the decedent
• B. predeceased the decedent
• C. renounced the claim
• D. took by will

Answer: (B)

Disclaimers treat the disclaimed interest as if the beneficiary never existed for purposes of the transfer. So when someone disclaims shares, the property passes to the people who would have taken if that disclaimer-having heir had predeceased the decedent. In other words, the next in line is determined by who would have received the shares if the disclaimed heir had died before the decedent. That makes the correct completion predeceased the decedent. If the heir had survived, the disclaimer wouldn’t shift the shares in that way; and simply renouncing the claim or taking by will doesn’t capture the distribution rule at play.