Krishnan v. Ramirez, 42 S.W.3d 205 (Tex. App.—Corpus Christi 2001, pet. denied).
Husband and Wife sued Doctor for her alleged medical malpractice
which resulted in their child being stillborn. Wife died during the
pendency of the litigation. Husband executed a document approximately
two years after Wife’s death which purportedly disclaimed his interest
in Wife’s cause of action in favor of Child. The court held that this
document could not act as a disclaimer because it was not filed within
nine months of Wife’s death as required by Prob. Code § 37A(b). However,
the ineffective disclaimer was nonetheless effective as an assignment to
Child, that is, the person who would have received Wife’s cause of
action if Husband had died prior to Wife.
Moral: A person who wishes to disclaim should file the disclaimer within
nine months of the decedent’s death.