HF 3134

FIRST ENGROSSMENT

Death deed conveyance of interests in real property by transfer provision provided, acknowledgments made in a representative capacity clarified, registered land application clarified, obsolete language eliminated and technical changes made.

ARTICLE 1 -- TRANSFER ON DEATH DEEDS

Section 1: Estates of specific persons receiving medical assistance language is modified.

Section 2: Estates of persons receiving medical assistance and survived by others language is modified.

Section 3: Conveyances, taxes paid before recording language is modified.

Section 4: Exemptions language is modified.

Section 5: Transfer on death deeds language is provided.
Subdivision 1. Definitions.
Subdivision 2. Effect of transfer on death deed.
Subdivision 3. Rights of creditors and rights of the state and county under sections
9.30246.53, 256B.15, 256D.16, 261.04, and 514.981.
Subdivision 4. Multiple grantee beneficiaries.
Subdivision 5. Successor grantee beneficiaries.
Subdivision 6. Multiple joint tenant grantors.
Subdivision 7. Execution by attorney-in-fact.
Subdivision 8. Recording requirements and authorization.
Subdivision 9. Deed to trustee or other entity.
Subdivision 10. Revocation or modification of transfer on death deed.
Subdivision 11. Antilapse; deceased beneficiary; words of survivorship.
Subdivision 12. Lapse.
Subdivision 13. Multiple transfer on death deeds.
Subdivision 14. Nonademption; unpaid proceeds of sale, condemnation, or insurance; sale by conservator or guardian.
Subdivision 15. Nonexoneration.
Subdivision 16. Disclaimer by beneficiary.
Subdivision 17. Effect on other conveyances.
Subdivision 18. Notice, consent, and delivery not required.
Subdivision 19. Nonrevocation by will.
Subdivision 20. Proof of survivorship and clearance from public assistance claims and liens; recording.
Subdivision 21. After-acquired property.
Subdivision 22. Anticipatory alienation prohibited.
Subdivision 23. Clearance for public assistance claims and liens.
Subdivision 24. Form of transfer on death deed.
Subdivision 25. Form of instrument of revocation.

Section 6: Conveyance; cancellation of old and issuance of new certificate language is modified.

Section 7: Conveyance; cancellation of old and issuance of new CPT language is modified.

Section 8: Requirement of survival for 120 hours for devisees, beneficiaries of certain trusts, and appointees of certain powers of appointment; simultaneous death act for other cases language is modified.

Section 9: Effective date is provided.

ARTICLE 2 -- MISCELLANEOUS

Section 1: Original signatures required language is modified.

Section 2: Registered land; same incidents as unregistered; no adverse possession language is modified.

Section 3: Instruments affecting title filed with registrar; notice language is modified.

Section 4: Petition language is modified.

Section 5: Effect of registration language is modified.

Section 6: Filed instrument affecting title is notice language is modified.

Section 7: Notice of lis pendens language is modified.

Section 8: Effective date is provided.

SNA 3/19/08