Legislative Session number- 85

Bill Name: HF3134

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