Minnesota Legislature
HF 161
as introduced - 88th Legislature (2013 - 2014) Posted on 01/24/2013 01:28pm
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A bill for an act
relating to probate; authorizing inventory and emergency order protecting
specified personal property of homicide victim to preserve rights of decedent's
heirs and beneficiaries; adding notice of rights and procedures to crime victims'
chapter; amending Minnesota Statutes 2012, sections 524.2-803; 524.3-614;
524.3-615; 611A.02, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 524.2-803, is amended to read:
524.2-803 EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS,
JOINT ASSETS, LIFE INSURANCE AND BENEFICIARY DESIGNATIONSnew text begin ;
EMERGENCY ORDERnew text end .
(a) A surviving spouse, heir or devisee who feloniously and intentionally kills the
decedent is not entitled to any benefits under the will or under this article, including an
intestate share, an elective share, an omitted spouse's or child's share, homestead, exempt
property, and a family allowance, and the estate of decedent passes as if the killer had
predeceased the decedent. Property appointed by the will of the decedent to or for the
benefit of the killer passes as if the killer had predeceased the decedent.
(b) Any joint tenant who feloniously and intentionally kills another joint tenant
thereby effects a severance of the interest of the decedent so that the share of the
decedent passes as the decedent's property and the killer has no rights by survivorship.
This provision applies to joint tenancies in real and personal property, joint accounts in
banks, savings associations, credit unions and other institutions, and any other form of
co-ownership with survivorship incidents.
(c) A named beneficiary of a bond or other contractual arrangement who feloniously
and intentionally kills the principal obligee is not entitled to any benefit under the bond or
other contractual arrangement and it becomes payable as though the killer had predeceased
the decedent.
(d) A named beneficiary of a life insurance policy who feloniously and intentionally
kills the person upon whose life the policy is issued is not entitled to any benefit under
the policy and the proceeds of the policy shall be paid and distributed by order of the
court as hereinafter provided. If a person who feloniously and intentionally kills a person
upon whose life a life insurance policy is issued is a beneficial owner as shareholder,
partner or beneficiary of a corporation, partnership, trust or association which is the named
beneficiary of the life insurance policy, to the extent of the killer's beneficial ownership of
the corporation, partnership, trust or association, the proceeds of the policy shall be paid
and distributed by order of the court as hereinafter provided.
Upon receipt of written notice by the insurance company at its home office that
the insured may have been intentionally and feloniously killed by one or more named
beneficiaries or that the insured may have been intentionally and feloniously killed by
one or more persons who have a beneficial ownership in a corporation, partnership, trust
or association, which is the named beneficiary of the life insurance policy, the insurance
company shall, pending court order, withhold payment of the policy proceeds to all
beneficiaries. In the event that the notice has not been received by the insurance company
before payment of the policy proceeds, the insurance company shall be fully and finally
discharged and released from any and all responsibility under the policy to the extent
that the policy proceeds have been paid.
The named beneficiary, the insurance company or any other party claiming an
interest in the policy proceeds may commence an action in the district court to compel
payment of the policy proceeds. The court may order the insurance company to pay
the policy proceeds to any person equitably entitled thereto, including the deceased
insured's spouse, children, issue, parents, creditors or estate, and may order the insurance
company to pay the proceeds of the policy to the court pending the final determination
of distribution of the proceeds by the court. The insurance company, upon receipt of a
court order, judgment or decree ordering payment of the policy proceeds, shall pay the
policy proceeds according to the terms of the order, and upon payment of such proceeds
according to the terms of the court order, shall be fully and completely discharged and
released from any and all responsibility for payment under the policy.
(e) Any other acquisition of property or interest by the killer shall be treated in
accordance with the principles of this section.
(f) A final judgment of conviction of felonious and intentional killing is conclusive
for purposes of this section. In the absence of a conviction of felonious and intentional
killing the court may determine by a preponderance of evidence whether the killing was
felonious and intentional for purposes of this section.
(g) This section does not affect the rights of any person who, before rights under
this section have been adjudicated, purchases from the killer for value and without notice
property which the killer would have acquired except for this section, but the killer is
liable for the amount of the proceeds or the value of the property. Any insurance company,
bank, or other obligor making payment according to the terms of its policy or obligation
is not liable by reason of this section unless prior to payment it has received at its home
office or principal address written notice of a claim under this section.
new text begin
(h) If a complaint is issued charging a defendant in the felonious and intentional
killing of the decedent, the personal representative, special administrator, or an interested
person may file with the court a copy of the complaint and an inventory of the decedent's
personal property that may be affected by a determination under this section, including
the following:
new text end
new text begin
(1) personal property that is the subject of a specific devise under the decedent's will
or separate writing under section 524.2-513;
new text end
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(2) exempt property identified in section 524.2-403;
new text end
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(3) personal property claimed to have sentimental value to an eligible child under
section 525.152; or
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(4) any other personal property believed, in good faith, to belong to the decedent.
new text end
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The person filing the inventory shall attest that the inventory is correct and complete
to the best of the person's knowledge. The inventory and affidavit shall be filed with
the court administrator.
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(i) Upon motion of the personal representative, special administrator, or an interested
person, and for good cause shown, the court may issue an order regarding property
identified under paragraph (h) that includes any or all of the following relief:
new text end
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(1) reserving a determination of distribution of property;
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(2) holding the property in trust or escrow for any and all beneficiaries or heirs
not disqualified by this section;
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(3) prohibiting the sale, disposition, removal, transfer, or destruction of the property;
new text end
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(4) permitting the sale, disposition, removal, or transfer of property jointly held by
the decedent and a person disqualified under this section only to the extent necessary for
reasonable and ordinary living expenses by the disqualified individual, subject to approval
and on the terms the court deems just and proper; or
new text end
new text begin
(5) any other relief prescribed by the court.
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An order may be granted without notice to other interested persons if the court finds from
affidavit or other sworn testimony that the rights of decedent's heirs and beneficiaries may
be irreparably harmed before a hearing can be held. If an ex parte order is granted, notice
must be given to interested persons known by the court and as the court directs within 48
hours of issuing the order and the court shall hold a hearing within five days of issuing the
order. In all other cases, reasonable notice of the time and place of hearing on the petition
must be given to interested persons known by the court and as the court directs. An order
issued under this paragraph shall be effective pending a final determination under this
section unless the court specifies a shorter time period or rescinds the order.
new text end
Sec. 2.
Minnesota Statutes 2012, section 524.3-614, is amended to read:
524.3-614 SPECIAL ADMINISTRATOR; APPOINTMENT.
A special administrator may be appointed:
(1) informally by the registrar on the application of any interested person when
necessary to protect the estate of a decedent prior to the appointment of a general personal
representativenew text begin , when necessary to protect the estate of a decedent due to circumstances
described in section 524.2-803,new text end or if a prior appointment has been terminated as provided
in section 524.3-609;
(2) in a formal proceeding by order of the court on the petition of any interested
person and finding, after notice and hearing, that appointment is necessary to preserve the
estate or to secure its proper administration including its administration in circumstances
where a general personal representative cannot or should not act. If it appears to the
court that an emergency existsnew text begin or that section 524.2-803 may applynew text end , appointment may be
ordered without notice.
Sec. 3.
Minnesota Statutes 2012, section 524.3-615, is amended to read:
524.3-615 SPECIAL ADMINISTRATOR; WHO MAY BE APPOINTED.
(a) new text begin Except as provided in paragraph (b), new text end if a special administrator is to be appointed
pending the probate of a will which is the subject of a pending application or petition for
probate, the person named executor in the will shall be appointed if available, and qualified.
(b) new text begin In cases where the court determines a personal representative named in a will may
not be entitled to benefits pursuant to section 524.2-803, the court may appoint a qualified
neutral, professional fiduciary, or an interested person to serve as special administrator.
new text end
new text begin (c) new text end In other cases, any proper person may be appointed special administrator.
Sec. 4.
Minnesota Statutes 2012, section 611A.02, subdivision 2, is amended to read:
Subd. 2.
Victims' rights.
(a) The Crime Victim and Witness Advisory Council shall
develop two model notices of the rights of crime victims.
(b) The initial notice of the rights of crime victims must be distributed by a peace
officer to each victim, as defined in section 611A.01, at the time of initial contact with the
victim. The notice must inform a victim of:
(1) the victim's right to apply for reparations to cover losses, not including property
losses, resulting from a violent crime and the telephone number to call to request an
application;
(2) the victim's right to request that the law enforcement agency withhold public
access to data revealing the victim's identity under section 13.82, subdivision 17,
paragraph (d);
(3) the additional rights of domestic abuse victims as described in section 629.341;
(4) information on the nearest crime victim assistance program or resource; deleted text begin and
deleted text end
(5) the victim's rights, if an offender is charged, to be informed of and participate in
the prosecution process, including the right to request restitutiondeleted text begin .deleted text end new text begin ; and
new text end
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(6) in homicide cases, information on rights and procedures available under sections
524.2-803, 524.3-614, and 524.3-615.
new text end
(c) A supplemental notice of the rights of crime victims must be distributed by the
city or county attorney's office to each victim, within a reasonable time after the offender
is charged or petitioned. This notice must inform a victim of all the rights of crime victims
under this chapter.