SF 1838

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil law; real property and probate; 
  1.3             providing conditions for registered property 
  1.4             applications and records; providing for the 
  1.5             application of certain curative provisions; changing 
  1.6             certain probate and trust provisions; amending 
  1.7             Minnesota Statutes 1994, sections 501B.57; 508.06; 
  1.8             508.63; 508.66; 508.71, subdivision 3; 508A.01, 
  1.9             subdivision 3; 508A.06; 508A.63; 508A.66; 508A.71, 
  1.10            subdivision 3; 508A.85, subdivision 3; 524.2-403; 
  1.11            524.3-708; 524.3-804; 559.215; and 559.216; Minnesota 
  1.12            Statutes 1995 Supplement, sections 524.2-803; and 
  1.13            524.3-914; repealing Laws 1994, chapter 447, section 2.
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
  1.15                             ARTICLE 1
  1.16     Section 1.  Minnesota Statutes 1994, section 508.06, is 
  1.17  amended to read: 
  1.18     508.06 [CONTENTS OF APPLICATION; RIGHTS AND PRIVILEGES OF 
  1.19  CLAIMANTS.] 
  1.20     The application shall set forth substantially: 
  1.21     (1) The full name, age, and residence address of the 
  1.22  applicant; if the application is made by any person acting in 
  1.23  behalf of another, the application shall likewise state the full 
  1.24  name and residence address of the person so acting, and the 
  1.25  capacity in which that person acts; if the applicant is not an 
  1.26  individual, the application shall include the full legal name 
  1.27  and type of entity, the state of organization, and the address 
  1.28  of its principal place of business; 
  1.29     (2) Whether the applicant is or is not married and, if 
  2.1   married, the full name and residence address of the spouse; it 
  2.2   shall state whether the applicant is or is not 18 years of age 
  2.3   or older; whether or not the applicant is under any legal 
  2.4   disability incapacity, and if so, the nature of the disability 
  2.5   incapacity; and whether the applicant has ever been divorced 
  2.6   and, if so, when, where, and by what court the divorce was 
  2.7   granted; 
  2.8      (3) A correct description of the land, together with the 
  2.9   estimated market value of the fee simple interest therein, 
  2.10  exclusive of improvements, according to the last official 
  2.11  assessment; the description of an appurtenant easement shall be 
  2.12  accompanied by a description of the fee simple estate to which 
  2.13  it is appurtenant; 
  2.14     (4) The estate or interest of the applicant in the land, 
  2.15  and whether or not it is subject to an estate of homestead; 
  2.16     (5) The names of all persons or parties, except the 
  2.17  applicant, who appear of record, or who are known to the 
  2.18  applicant to have or to claim any right, title, estate, lien, or 
  2.19  interest in the land and the nature and character of it; 
  2.20     (6) Whether the land is occupied or unoccupied; if occupied 
  2.21  by any other person than the applicant, it shall state the full 
  2.22  name and address of each occupant and the nature of the estate, 
  2.23  interest, lien, or charge which the occupant or occupants have, 
  2.24  or claim to have, in the land; 
  2.25     (6) A description of each lien or interest, recorded or 
  2.26  unrecorded, which the applicant recognizes as encumbering the 
  2.27  land, including the nature of the lien or interest, any 
  2.28  information about its recording, and the name of the interested 
  2.29  party; 
  2.30     (7) Whether the land is subject to any lien or encumbrance, 
  2.31  recorded or unrecorded, together with the character and amount 
  2.32  of it, and the name and post office address of each holder of 
  2.33  it; if recorded, it shall state the place, book, and page of 
  2.34  record A description of each lien or interest, recorded or 
  2.35  unrecorded, for which the applicant seeks a determination 
  2.36  terminating or modifying the interest, together with the reason 
  3.1   for the relief requested, and including the nature of the lien 
  3.2   or interest, any information about its recording, and the name 
  3.3   of the interested party; 
  3.4      (8) A description of any other defects in the applicant's 
  3.5   title and a reason for curing the defects; 
  3.6      (9) If the application is on behalf of a minor, it shall 
  3.7   state the age of the minor and that a duly certified copy of the 
  3.8   letters of guardianship has been recorded with the county 
  3.9   recorder in the county in which the land is situated; 
  3.10     (9) (10) When the place of residence of any person whose 
  3.11  residence is a required to be given address is unknown to the 
  3.12  applicant after due and diligent search, it may be so stated in 
  3.13  the application and also that, after due and diligent search, 
  3.14  the applicant has been unable to ascertain it; 
  3.15     (10) (11) If it is desired to fix and establish the 
  3.16  boundary lines of the land, the full names and post office 
  3.17  addresses of all owners of adjoining lands which are in any 
  3.18  manner affected by it shall be fully stated. 
  3.19     Any person having or claiming any right, title, interest, 
  3.20  or estate in land, or any lien or charge upon or against it, may 
  3.21  assent in writing to its registration.  The person assenting 
  3.22  need not be named as a defendant in the registration proceeding 
  3.23  or, if already named as a defendant in it, need not be served 
  3.24  with the summons in it.  The assent shall be executed and 
  3.25  acknowledged in the manner required by law for the execution and 
  3.26  acknowledgment of a deed and filed with the court administrator. 
  3.27     Sec. 2.  Minnesota Statutes 1994, section 508.63, is 
  3.28  amended to read: 
  3.29     508.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS; 
  3.30  JUDGMENTS.] 
  3.31     No judgment requiring the payment of money shall be a lien 
  3.32  upon registered land, except as herein provided.  Any person 
  3.33  claiming such lien shall file with the registrar a certified 
  3.34  copy of the judgment, together with a written statement 
  3.35  containing a description of each parcel of land in which the 
  3.36  judgment debtor has a registered interest and upon which the 
  4.1   lien is claimed, and a proper reference to the certificate or 
  4.2   certificates of title to such land.  Upon filing such copy and 
  4.3   statement, the registrar shall enter a memorial of such judgment 
  4.4   upon each certificate designated in such statement, and the 
  4.5   judgment shall thereupon be and become a lien upon the judgment 
  4.6   debtor's interest in the land described in such certificate or 
  4.7   certificates.  At any time after filing the certified copy of 
  4.8   such judgment, any person claiming the lien may, by filing a 
  4.9   written statement, as herein provided, cause a memorial of such 
  4.10  judgment to be entered upon any certificate of title to land in 
  4.11  which the judgment debtor has a registered interest and not 
  4.12  described in any previous statement and the judgment shall 
  4.13  thereupon be and become a lien upon the judgment debtor's 
  4.14  interest in such land.  The judgment shall survive and the lien 
  4.15  thereof shall continue for a period of ten years from the date 
  4.16  of the judgment and no longer, and the registrar of titles shall 
  4.17  not carry forward to a new certificate of title the memorial of 
  4.18  the judgment after that period.  In every case where an 
  4.19  instrument of any description, or a copy of any writ, order, or 
  4.20  decree, is required by law to be filed or recorded in order to 
  4.21  create or preserve any lien, writ, or attachment upon 
  4.22  unregistered land, such instrument or copy, if intended to 
  4.23  affect registered land, shall, in lieu of recording, be filed 
  4.24  and registered with the registrar.  In addition to any facts 
  4.25  required by law to be stated in such instruments to entitle them 
  4.26  to be filed or recorded, they shall also contain a reference to 
  4.27  the number of the certificate of title of the land to be 
  4.28  affected, and, if the attachment, charge, or lien is not claimed 
  4.29  on all the land described in any certificate of title, such 
  4.30  instrument shall contain a description sufficient to identify 
  4.31  the land. 
  4.32     Sec. 3.  Minnesota Statutes 1994, section 508.66, is 
  4.33  amended to read: 
  4.34     508.66 [RELEASE OF COURT PROCEEDINGS; COURT ADMINISTRATOR'S 
  4.35  CERTIFICATE; NOTICE OF LIS PENDENS.] 
  4.36     A certificate of the court administrator of the court in 
  5.1   which any action or proceeding shall have been pending or in 
  5.2   which any judgment or decree is of record, that such action has 
  5.3   been dismissed or otherwise disposed of, or that the judgment, 
  5.4   decree, or order has been assigned, satisfied, released, or 
  5.5   reversed, or the certificate of any sheriff, or other officer, 
  5.6   that the levy of any execution, attachment, or other process has 
  5.7   been released, discharged or otherwise disposed of, being duly 
  5.8   filed and noted upon the register, shall be sufficient to 
  5.9   authorize the registrar to cancel, or otherwise treat the 
  5.10  memorial thereof according to the purport of such certificate. 
  5.11     The registrar shall not carry forward to a new certificate 
  5.12  of title the memorial of a notice of lis pendens which has been 
  5.13  of record for ten years, unless another notice of lis pendens in 
  5.14  the same action has been filed within the ten years.  
  5.15     Sec. 4.  Minnesota Statutes 1994, section 508.71, 
  5.16  subdivision 3, is amended to read: 
  5.17     Subd. 3.  [DIRECTIVE BY EXAMINER.] At the request of a 
  5.18  registered owner or other person in interest, the examiner of 
  5.19  titles by a written directive may order (1) the amendment or 
  5.20  cancellation of a memorial relating to racial restrictions, 
  5.21  rights which are barred by a statute or rights which have 
  5.22  expired by the terms of the instrument creating the rights, or 
  5.23  (2) upon the submission of evidence satisfactory to the 
  5.24  examiner, the correction of the name or designation of a party 
  5.25  who is a registered owner or who has an interest registered on a 
  5.26  certificate of title.  The registrar of titles may register the 
  5.27  directives of the examiner of titles upon the certificates of 
  5.28  title, and shall give full faith to the directives.  
  5.29     Sec. 5.  Minnesota Statutes 1994, section 508A.01, 
  5.30  subdivision 3, is amended to read: 
  5.31     Subd. 3.  [DEFINITION.] For the purposes of sections 
  5.32  508A.01 to 508A.85, the term "possessory estate in land" means a 
  5.33  fee simple estate held by an owner who (1) has been found on 
  5.34  examination by the examiner of titles pursuant to section 
  5.35  508A.13 to be the record owner of the land described; (2) has 
  5.36  satisfied the examiner of titles that the owner and predecessors 
  6.1   in title have had is in actual or constructive possession of the 
  6.2   land described for a period of not less than 15 consecutive 
  6.3   years prior to the date of entry of the first CPT; and (3) has 
  6.4   paid the taxes on the land described for at least five 
  6.5   consecutive years during the 15-year period.  
  6.6      Sec. 6.  Minnesota Statutes 1994, section 508A.06, is 
  6.7   amended to read: 
  6.8      508A.06 [CONTENTS OF APPLICATION; RIGHTS AND PRIVILEGES OF 
  6.9   CLAIMANTS.] 
  6.10     The application shall set forth substantially:  
  6.11     (1) The full name, age, and residence address of the 
  6.12  applicant; if the application is made by any person acting in 
  6.13  behalf of another, the application shall likewise state the full 
  6.14  name and residence address of the person so acting, and the 
  6.15  capacity in which the person acts; if the applicant is not an 
  6.16  individual, the application shall include the full legal name 
  6.17  and type of entity, the state of organization, and the address 
  6.18  of its principal place of business; 
  6.19     (2) Whether the applicant is or is not married and if 
  6.20  married, the full name and residence address of the spouse; it 
  6.21  shall state whether the applicant is or is not 18 years of age 
  6.22  or older; whether or not the applicant is under any legal 
  6.23  disability incapacity, and if so the nature of the disability 
  6.24  incapacity; and whether the applicant has ever been divorced and 
  6.25  if so, when, where, and by what court the divorce was granted; 
  6.26     (3) A correct description of the land, together with the 
  6.27  estimated market value of the fee simple interest in it, 
  6.28  exclusive of improvements, according to the last official 
  6.29  assessment; 
  6.30     (4) The estate or interest of the applicant in the land, 
  6.31  and whether or not it is subject to an estate of homestead; 
  6.32     (5) The names of all persons or parties, except the 
  6.33  applicant, who appear of record, or who are known to the 
  6.34  applicant to have or to claim any right, title, estate, lien, or 
  6.35  interest in the land and the nature and character of it; 
  6.36     (6) Whether the land is occupied or unoccupied; if occupied 
  7.1   by any other person than the applicant, it shall state the full 
  7.2   name and address of each occupant and the nature of the estate, 
  7.3   interest, lien, or charge which the occupant or occupants have, 
  7.4   or claim to have, in the land; 
  7.5      (7) Whether the land is subject to any lien or encumbrance, 
  7.6   recorded or unrecorded, together with the character and amount 
  7.7   of the same, and the name and post office address of each holder 
  7.8   thereof; if recorded, it shall state the place, book, and page 
  7.9   of record; 
  7.10     (8) If the application is on behalf of a minor, it shall 
  7.11  state the age of the minor and that a duly certified copy of the 
  7.12  letters of guardianship has been recorded with the county 
  7.13  recorder in the county in which the land is situated; 
  7.14     (9) When the place of residence of any person whose 
  7.15  residence is a required to be given address is unknown to the 
  7.16  applicant after due and diligent search, it shall be so stated 
  7.17  in the application and also that, after due and diligent search, 
  7.18  the applicant has been unable to ascertain it; 
  7.19     (10) The facts supporting applicant's claim to a possessory 
  7.20  estate in land as defined in section 508A.01, subdivision 3.  
  7.21     Sec. 7.  Minnesota Statutes 1994, section 508A.63, is 
  7.22  amended to read: 
  7.23     508A.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS; 
  7.24  JUDGMENTS.] 
  7.25     No judgment requiring the payment of money shall be a lien 
  7.26  upon land registered under sections 508A.01 to 508A.85, except 
  7.27  as herein provided.  Any person claiming a lien shall file with 
  7.28  the registrar a certified copy of the judgment, together with a 
  7.29  written statement containing a description of each parcel of 
  7.30  land in which the judgment debtor has a registered interest and 
  7.31  upon which the lien is claimed, and a proper reference to the 
  7.32  CPT or CPTs to the land.  Upon filing the copy and statement, 
  7.33  the registrar shall enter a memorial of the judgment upon each 
  7.34  CPT designated in the statement, and the judgment shall then be 
  7.35  and become a lien upon the judgment debtor's interest in the 
  7.36  land described in CPT or CPTs.  At any time after filing the 
  8.1   certified copy of the judgment, any person claiming the lien 
  8.2   may, by filing a written statement, as herein provided, cause a 
  8.3   memorial of the judgment to be entered upon any CPT to land in 
  8.4   which the judgment debtor has a registered interest and not 
  8.5   described in any previous statement and the judgment shall then 
  8.6   be and become a lien upon the judgment debtor's interest in the 
  8.7   land.  The judgment shall survive and the lien thereof shall 
  8.8   continue for a period of ten years from the date of the judgment 
  8.9   and no longer; and the registrar shall not carry forward to a 
  8.10  new certificate of title the memorial of the judgment after that 
  8.11  period.  In every case where an instrument of any description, 
  8.12  or a copy of any writ, order, or decree, is required by law to 
  8.13  be filed or recorded in order to create or preserve any lien, 
  8.14  writ, or attachment upon unregistered land, the instrument or 
  8.15  copy, if intended to affect registered land, shall, in lieu of 
  8.16  recording, be filed and registered with the registrar.  In 
  8.17  addition to any facts required by law to be stated in the 
  8.18  instruments to entitle them to be filed or recorded, they shall 
  8.19  also contain a reference to the number of the CPT of the land to 
  8.20  be affected.  If the attachment, charge, or lien is not claimed 
  8.21  on all the land described in any CPT, the instrument shall 
  8.22  contain a description sufficient to identify the land.  
  8.23     Sec. 8.  Minnesota Statutes 1994, section 508A.66, is 
  8.24  amended to read: 
  8.25     508A.66 [RELEASE OF COURT PROCEEDINGS; COURT 
  8.26  ADMINISTRATOR'S CERTIFICATE; NOTICE OF LIS PENDENS.] 
  8.27     A certificate of the court administrator of the court in 
  8.28  which any action or proceeding shall have been pending or in 
  8.29  which any judgment or decree is of record, that the action has 
  8.30  been dismissed or otherwise disposed of, or that the judgment, 
  8.31  decree, or order has been assigned, satisfied, released, or 
  8.32  reversed, or the certificate of any sheriff, or other officer, 
  8.33  that the levy of any execution, attachment, or other process has 
  8.34  been released, discharged or otherwise disposed of, being duly 
  8.35  filed and noted upon the register, shall be sufficient to 
  8.36  authorize the registrar to cancel, or otherwise treat the 
  9.1   memorial of it according to the purport of the certificate. 
  9.2      The registrar shall not carry forward to a new certificate 
  9.3   of title the memorial of a notice of lis pendens which has been 
  9.4   of record for ten years unless another notice of lis pendens in 
  9.5   the same action has been filed within the ten years.  
  9.6      Sec. 9.  Minnesota Statutes 1994, section 508A.71, 
  9.7   subdivision 3, is amended to read: 
  9.8      Subd. 3.  [CANCELLATION OF MEMORIAL.] At the request of a 
  9.9   registered owner or other person in interest the examiner of 
  9.10  titles by a written directive may order (1) the amendment or 
  9.11  cancellation of a memorial relating to racial restrictions, 
  9.12  rights which are barred by a statute or rights which have 
  9.13  expired by the terms of the instrument creating the rights, or 
  9.14  (2) upon the submission of evidence satisfactory to the 
  9.15  examiner, the correction of the name or designation of a party 
  9.16  who is a registered owner or who has an interest registered on a 
  9.17  certificate of title.  The registrar of titles shall register 
  9.18  the directives of the examiner of titles upon the CPTs, and 
  9.19  shall give full faith to the directives.  
  9.20     Sec. 10.  Minnesota Statutes 1994, section 508A.85, 
  9.21  subdivision 3, is amended to read: 
  9.22     Subd. 3.  [CHANGEOVER AT REQUEST OF OWNER.] Subsequent to 
  9.23  the expiration of the five year period set forth in section 
  9.24  508A.17, any registered owner of a CPT may file with the 
  9.25  registrar of titles a request for a changeover, and upon 
  9.26  surrender of the owner's duplicate CPT and payment of the fee 
  9.27  for an exchange as specified in section 508A.82, clause (6), the 
  9.28  registrar shall issue a certificate of title and cancel the CPT. 
  9.29     Sec. 11.  Minnesota Statutes 1994, section 559.215, is 
  9.30  amended to read: 
  9.31     559.215 [CONTRACTS OF SALE; VALIDATING TERMINATIONS OF 
  9.32  CONTRACT OF SALE.] 
  9.33     Every termination of a contract for the conveyance of real 
  9.34  property or an interest in real property where service of notice 
  9.35  of default is published for the first time or is served on the 
  9.36  purchaser, or the purchaser's personal representative or assigns 
 10.1   before the date in section 559.216 is legal and valid after the 
 10.2   expiration of the period specified in section 559.216 as against 
 10.3   the following objections: 
 10.4      (1) that prior to the service of notice of termination, no 
 10.5   mortgage registration tax was paid on the contract, or an 
 10.6   insufficient registration tax was paid on the contract; 
 10.7      (2) that the notice: 
 10.8      (i) did not correctly state the amount of attorney fees; 
 10.9      (ii) failed to state or incorrectly stated the names of one 
 10.10  or more of the sellers, or the sellers' successors or assigns, 
 10.11  or incorrectly described the interest or representative capacity 
 10.12  of the person giving the notice; 
 10.13     (iii) was printed or typed in an incorrect type size; or 
 10.14     (iv) incorrectly stated the number of days after service 
 10.15  that the contract will terminate, provided that the number of 
 10.16  days stated is not less than 30 days; or 
 10.17     (v) did not correctly state the two percent amount required 
 10.18  to be paid by section 559.21, subdivision 2a, clause (4); 
 10.19     (3) that the cancellation was commenced by less than all 
 10.20  sellers; or 
 10.21     (4) that in the case of a termination by publication the 
 10.22  notice was not served on all persons in possession of the real 
 10.23  estate, provided it was served on at least one of those persons. 
 10.24     Sec. 12.  Minnesota Statutes 1994, section 559.216, is 
 10.25  amended to read: 
 10.26     559.216 [EFFECTIVE DATES APPLICATION OF CURATIVE 
 10.27  PROVISIONS.] 
 10.28     Subdivision 1.  [EXPIRATION PERIODS.] The following dates 
 10.29  apply to Upon expiration of the periods specified in this 
 10.30  section, the provisions of section 559.215 apply to a 
 10.31  termination of a contract for the conveyance of real property or 
 10.32  an interest in real property subject to this section: 
 10.33     (1) as to clause (2)(iv) and clause (3), August 1, 1985 
 10.34  five years after the last day of the reinstatement period of the 
 10.35  purchaser or the purchaser's personal representatives or 
 10.36  assigns; and 
 11.1      (2) as to the general provisions of section 559.215, May 1, 
 11.2   1989 one year after the last day of the reinstatement period of 
 11.3   the purchaser or the purchaser's personal representatives or 
 11.4   assigns. 
 11.5      Subd. 2.  [PENDING AND NEWLY COMMENCED ACTIONS.] Sections 
 11.6   559.215 and 559.216, as enacted by Laws 1990, chapter 575, 
 11.7   sections 8 and 9, do not affect any action or proceeding pending 
 11.8   on August 1, 1990, or commenced before February 1, 1991, 
 11.9   involving the validity of the termination or conveyance. 
 11.10     The amendments to sections 559.215 and 559.216 by this 
 11.11  article shall not affect any action pending on August 1, 1996, 
 11.12  or that is commenced before February 1, 1997, involving the 
 11.13  validity of the termination or conveyance. 
 11.14     Sec. 13.  [REPEALER.] 
 11.15     Laws 1994, chapter 447, section 2, is repealed.  This 
 11.16  section takes effect the day after final enactment. 
 11.17                             ARTICLE 2
 11.18     Section 1.  Minnesota Statutes 1994, section 501B.57, is 
 11.19  amended to read: 
 11.20     501B.57 [AFFIDAVIT OF TRUSTEE IN REAL PROPERTY 
 11.21  TRANSACTIONS.] 
 11.22     Subdivision 1.  [FORM OF AFFIDAVIT FOR INTERVIVOS TRUST.] 
 11.23  An affidavit of a trustee or of trustees of an intervivos trust 
 11.24  in support of a real property transaction may be substantially 
 11.25  in the following form: 
 11.26   
 11.27  STATE OF MINNESOTA  )                     AFFIDAVIT OF TRUSTEE
 11.28                      )ss. 
 11.29  COUNTY OF           ) 
 11.32     .........................., being first duly sworn on oath 
 11.33  says that:  
 11.34     1.  Affiant is the trustee (one of the trustees) named in 
 11.35  that certain Certificate of Trust (or Trust Instrument) dated 
 11.36  ......., 19.., and filed for record ......., 19.., as Document 
 12.1   No. ..... (or in Book ..... of ............, Page ......) in the 
 12.2   Office of the County Recorder (Registrar of Titles) of 
 12.3   ........... County, Minnesota, executed by Affiant or another 
 12.4   trustee or the grantor of the Trust described in the Certificate 
 12.5   of Trust (or set forth in the Trust Instrument), and which 
 12.6   relates to real property in .......... County, Minnesota legally 
 12.7   described as follows: 
 12.8      ............................................................
 12.9   ............................................................... 
 12.10  ............................................................... 
 12.11  ............................................................... 
 12.12     (If more space is needed, continue on back or on 
 12.13  attachment.) 
 12.14     2.  The name(s) and address(es) of the trustee(s) empowered 
 12.15  by the Trust Instrument to act at the time of the execution of 
 12.16  this Affidavit are as follows: 
 12.17     ......................................................... 
 12.18  .............................................................. 
 12.19  .............................................................. 
 12.20     3.  The trustee(s) who have executed that certain 
 12.21  instrument relating to the real property described above between 
 12.22  ........................, as trustee(s) and 
 12.23  ..........................., dated .........., 19..: 
 12.24     (a) are empowered by the provisions of the trust to sell, 
 12.25  convey, pledge, mortgage, lease, or transfer title to any 
 12.26  interest in real property held in trust; and 
 12.27     (b) are the requisite number of trustees required by the 
 12.28  provisions of the trust to execute and deliver such an 
 12.29  instrument.  
 12.30     4.  The Trust has not terminated and has not been revoked. 
 12.31     - OR - 
 12.32     4.  The Trust has terminated (or has been revoked).  The 
 12.33  execution and delivery of the instrument described in paragraph 
 12.34  3 has been made pursuant to the provisions of the Trust.  
 12.35     5.  There has been no amendment to the Trust which limits 
 12.36  the power of trustee(s) to execute and deliver the instrument 
 13.1   described in paragraph 3.  
 13.2      6.  The Trust is not supervised by any court. 
 13.3      - OR -  
 13.4      6.  The Trust is supervised by the ............ Court of 
 13.5   .............. County, ................  All necessary approval 
 13.6   has been obtained from the court for the trustee(s) to execute 
 13.7   and deliver the instrument described in paragraph 3.  
 13.8      7.  Affiant does not have actual knowledge of any facts 
 13.9   indicating that the Trust is invalid. 
 13.10                                      .............................
 13.11                                                          , Affiant
 13.12  Subscribed and sworn to before me
 13.13  this .... day of ........., 19...
 13.15                                      .............................
 13.16  Notary Stamp or Seal                Signature of Notary Public or
 13.17                                             Other Official 
 13.18  This instrument was drafted by:
 13.19  ...............................
 13.20  ...............................
 13.21     Subd. 1a.  [FORM OF AFFIDAVIT FOR TESTAMENTARY TRUST.] An 
 13.22  affidavit of a trustee or of trustees of a testamentary trust in 
 13.23  support of a real property transaction may be substantially in 
 13.24  the following form: 
 13.25   
 13.26  STATE OF MINNESOTA  )                     AFFIDAVIT OF TRUSTEE
 13.27                      )ss. 
 13.28  COUNTY OF           ) 
 13.30     .........., being first duly sworn on oath says that:  
 13.31     1.  The .......... Trust was created by the Last Will and 
 13.32  Testament of .........., Decedent, dated .........., 19...  
 13.33  Decedent died on .........., 19...  Affiant, as trustee of the 
 13.34  Trust, acquired by instrument or decree dated .........., 19.., 
 13.35  filed in the office of the County Recorder/Registrar of Titles, 
 13.36  .......... County, Minnesota, as Document No. .........., an 
 13.37  interest in real property in .......... County, Minnesota, 
 13.38  legally described as follows: 
 14.1      .......................................................... 
 14.2   ............................................................... 
 14.3   ............................................................... 
 14.4   ............................................................... 
 14.5      (If more space is needed, continue on back or on an 
 14.6   attachment.) 
 14.7      2.  The name(s) and address(es) of the trustee(s) empowered 
 14.8   by the terms of decedent's will to act at the time of the 
 14.9   execution of this Affidavit are as follows: 
 14.10     ......................................................... 
 14.11  .............................................................. 
 14.12  .............................................................. 
 14.13     3.  The trustee(s) who have executed that certain 
 14.14  instrument relating to the real property described above between 
 14.15  .........., as trustee(s) and .........., dated .........., 19..:
 14.16     (a) are empowered by the provisions of the trust under 
 14.17  decedent's will to sell, convey, pledge, mortgage, lease, or 
 14.18  transfer title to any interest in real property held in trust; 
 14.19  and 
 14.20     (b) are the requisite number of trustees required by the 
 14.21  provisions of the will to execute and deliver such an instrument.
 14.22     4.  The Trust has not terminated and has not been revoked. 
 14.23     - OR - 
 14.24     4.  The Trust has terminated (or has been revoked).  The 
 14.25  execution and delivery of the instrument described in paragraph 
 14.26  3 has been made pursuant to the provisions of the Trust.  
 14.27     5.  There has been no amendment to the Trust which limits 
 14.28  the powers of the trustee(s) to execute and deliver the 
 14.29  instrument described in paragraph 3. 
 14.30     6.  The Trust is not supervised by any court. 
 14.31     - OR -  
 14.32     6.  The Trust is supervised by the .......... Court of 
 14.33  .......... County.  ..........  All necessary approval has been 
 14.34  obtained from the court for the trustee(s) to execute and 
 14.35  deliver the instrument described in paragraph 3.  
 14.36     7.  Affiant does not have actual knowledge of any facts 
 15.1   indicating that the Trust is invalid. 
 15.2                                       .............................
 15.3                                                           , Affiant
 15.4   Subscribed and sworn to before me
 15.5   this .... day of .........., 19...
 15.7                                       .............................
 15.8                                       Signature of Notary Public or
 15.9                                              Other Official 
 15.11  Notary Stamp or Seal
 15.12  This instrument was drafted by:
 15.13  ...............................
 15.14  ...............................
 15.15  ...............................
 15.16     Subd. 2.  [EFFECT.] An affidavit by the trustee or trustees 
 15.17  under subdivision 1 or 1a is proof that: 
 15.18     (i) the trust described in the affidavit is a valid trust; 
 15.19     (ii) either the trust has not terminated or been revoked 
 15.20  or, if the trust has terminated or been revoked, the conveyance 
 15.21  described in the affidavit is made pursuant to the provisions of 
 15.22  the trust; 
 15.23     (iii) the powers granted the trustee or trustees extend to 
 15.24  the real property described in the affidavit or attachment to 
 15.25  the affidavit; 
 15.26     (iv) no amendment to the trust has been made limiting the 
 15.27  power of the trustee or trustees to sell, convey, pledge, 
 15.28  mortgage, lease, or transfer title to the real property 
 15.29  described in the affidavit or attachment to the affidavit, if 
 15.30  any; 
 15.31     (v) the requisite number of trustees have executed and 
 15.32  delivered the instrument of conveyance described in the 
 15.33  affidavit; and 
 15.34     (vi) any necessary court approval of the transaction has 
 15.35  been obtained. 
 15.36  The proof is conclusive as to any party relying on the 
 15.37  affidavit, except a party dealing directly with the trustee or 
 15.38  trustees who has actual knowledge of facts to the contrary. 
 15.39     Sec. 2.  Minnesota Statutes 1994, section 524.2-403, is 
 15.40  amended to read: 
 16.1      524.2-403 [EXEMPT PROPERTY.] 
 16.2      (a) If there is a surviving spouse, then, in addition to 
 16.3   the homestead and family allowance, the surviving spouse is 
 16.4   entitled from the estate to: 
 16.5      (1) property not exceeding $10,000 in value in excess of 
 16.6   any security interests therein, in household furniture, 
 16.7   furnishings, appliances, and personal effects, subject to an 
 16.8   award of sentimental value property under section 525.152; and 
 16.9      (2) one automobile, if any, without regard to value. 
 16.10     (b) If there is no surviving spouse, the decedent's 
 16.11  children are entitled jointly to the same property as provided 
 16.12  in paragraph (a). 
 16.13     (c) If encumbered chattels are selected and the value in 
 16.14  excess of security interests, plus that of other exempt 
 16.15  property, is less than $10,000, or if there is not $10,000 worth 
 16.16  of exempt property in the estate, the surviving spouse or 
 16.17  children are entitled to other personal property of the estate, 
 16.18  if any, to the extent necessary to make up the $10,000 value. 
 16.19     (d) Rights to exempt property and assets needed to make up 
 16.20  a deficiency of exempt property have priority over all claims 
 16.21  against the estate, but the right to any assets to make up a 
 16.22  deficiency of exempt property abates as necessary to permit 
 16.23  earlier payment of the family allowance. 
 16.24     (e) The rights granted by this section are in addition to 
 16.25  any benefit or share passing to the surviving spouse or children 
 16.26  by the decedent's will, unless otherwise provided, by intestate 
 16.27  succession or by way of elective share. 
 16.28     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
 16.29  524.2-803, is amended to read: 
 16.30     524.2-803 [EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, 
 16.31  WILLS, JOINT ASSETS, LIFE INSURANCE AND BENEFICIARY 
 16.32  DESIGNATIONS.] 
 16.33     (a) A surviving spouse, heir or devisee who feloniously and 
 16.34  intentionally kills the decedent is not entitled to any benefits 
 16.35  under the will or under this article, including an intestate 
 16.36  share, an elective share, an omitted spouse's or child's share, 
 17.1   homestead, exempt property, and a family allowance, and the 
 17.2   estate of decedent passes as if the killer had predeceased the 
 17.3   decedent.  Property appointed by the will of the decedent to or 
 17.4   for the benefit of the killer passes as if the killer had 
 17.5   predeceased the decedent. 
 17.6      (b) Any joint tenant who feloniously and intentionally 
 17.7   kills another joint tenant thereby effects a severance of the 
 17.8   interest of the decedent so that the share of the decedent 
 17.9   passes as the decedent's property and the killer has no rights 
 17.10  by survivorship.  This provision applies to joint tenancies in 
 17.11  real and personal property, joint accounts in banks, savings 
 17.12  associations, credit unions and other institutions, and any 
 17.13  other form of coownership with survivorship incidents. 
 17.14     (c) A named beneficiary of a bond or other contractual 
 17.15  arrangement who feloniously and intentionally kills the 
 17.16  principal obligee is not entitled to any benefit under the bond 
 17.17  or other contractual arrangement and it becomes payable as 
 17.18  though the killer had predeceased the decedent.  
 17.19     (d) A named beneficiary of a life insurance policy who 
 17.20  feloniously and intentionally kills the person upon whose life 
 17.21  the policy is issued is not entitled to any benefit under the 
 17.22  policy and the proceeds of the policy shall be paid and 
 17.23  distributed by order of the court as hereinafter provided.  If a 
 17.24  person who feloniously and intentionally kills a person upon 
 17.25  whose life a life insurance policy is issued is a beneficial 
 17.26  owner as shareholder, partner or beneficiary of a corporation, 
 17.27  partnership, trust or association which is the named beneficiary 
 17.28  of the life insurance policy, to the extent of the killer's 
 17.29  beneficial ownership of the corporation, partnership, trust or 
 17.30  association, the proceeds of the policy shall be paid and 
 17.31  distributed by order of the court as hereinafter provided.  
 17.32     Upon receipt of written notice by the insurance company at 
 17.33  its home office that the insured may have been intentionally and 
 17.34  feloniously killed by one or more named beneficiaries or that 
 17.35  the insured may have been intentionally and feloniously killed 
 17.36  by one or more persons who have a beneficial ownership in a 
 18.1   corporation, partnership, trust or association, which is the 
 18.2   named beneficiary of the life insurance policy, the insurance 
 18.3   company shall, pending court order, withhold payment of the 
 18.4   policy proceeds to all beneficiaries.  In the event that the 
 18.5   notice has not been received by the insurance company before 
 18.6   payment of the policy proceeds, the insurance company shall be 
 18.7   fully and finally discharged and released from any and all 
 18.8   responsibility under the policy to the extent that the policy 
 18.9   proceeds have been paid.  
 18.10     The named beneficiary, the insurance company or any other 
 18.11  party claiming an interest in the policy proceeds may commence 
 18.12  an action in the district court to compel payment of the policy 
 18.13  proceeds.  The court may order the insurance company to pay the 
 18.14  policy proceeds to any person equitably entitled thereto, 
 18.15  including the deceased insured's spouse, children, issue, 
 18.16  parents, creditors or estate, and may order the insurance 
 18.17  company to pay the proceeds of the policy to the court pending 
 18.18  the final determination of distribution of the proceeds by the 
 18.19  court.  The insurance company, upon receipt of a court order, 
 18.20  judgment or decree ordering payment of the policy proceeds, 
 18.21  shall pay the policy proceeds according to the terms of the 
 18.22  order, and upon payment of such proceeds according to the terms 
 18.23  of the court order, shall be fully and completely discharged and 
 18.24  released from any and all responsibility for payment under the 
 18.25  policy.  
 18.26     (e) Any other acquisition of property or interest by the 
 18.27  killer shall be treated in accordance with the principles of 
 18.28  this section. 
 18.29     (f) A final judgment of conviction of felonious and 
 18.30  intentional killing is conclusive for purposes of this section.  
 18.31  In the absence of a conviction of felonious and intentional 
 18.32  killing the court may determine by a preponderance of evidence 
 18.33  whether the killing was felonious and intentional for purposes 
 18.34  of this section. 
 18.35     (g) This section does not affect the rights of any person 
 18.36  who, before rights under this section have been adjudicated, 
 19.1   purchases from the killer for value and without notice property 
 19.2   which the killer would have acquired except for this section, 
 19.3   but the killer is liable for the amount of the proceeds or the 
 19.4   value of the property.  Any insurance company, bank, or other 
 19.5   obligor making payment according to the terms of its policy or 
 19.6   obligation is not liable by reason of this section unless prior 
 19.7   to payment it has received at its home office or principal 
 19.8   address written notice of a claim under this section. 
 19.9      Sec. 4.  Minnesota Statutes 1994, section 524.3-708, is 
 19.10  amended to read: 
 19.11     524.3-708 [DUTY OF PERSONAL REPRESENTATIVE; SUPPLEMENTARY 
 19.12  INVENTORY.] 
 19.13     If any property not included in the original inventory 
 19.14  comes to the knowledge of a personal representative or if the 
 19.15  personal representative learns that the value or description 
 19.16  indicated in the original inventory for any item is erroneous or 
 19.17  misleading, the personal representative shall make a 
 19.18  supplementary inventory or appraisement showing the market value 
 19.19  as of the date of the decedent's death of the new item or the 
 19.20  revised market value or descriptions, and the appraisers or 
 19.21  other data relied upon, if any, and file it with the court if 
 19.22  the original inventory was filed, or furnish copies thereof or 
 19.23  information thereof to persons interested in the new 
 19.24  information, and file it with the court if the original 
 19.25  inventory was filed. 
 19.26     Sec. 5.  Minnesota Statutes 1994, section 524.3-804, is 
 19.27  amended to read: 
 19.28     524.3-804 [MANNER OF PRESENTATION OF CLAIMS.] 
 19.29     Claims against a decedent's estate may be presented as 
 19.30  follows: 
 19.31     (1) The claimant may deliver or mail to the personal 
 19.32  representative a written statement of the claim indicating its 
 19.33  basis, the name and address of the claimant, and the amount 
 19.34  claimed, or may file a written statement of the claim, in the 
 19.35  form prescribed by rule, with the court administrator.  The 
 19.36  claim is deemed presented on the first to occur of receipt of 
 20.1   the written statement of claim by the personal representative, 
 20.2   or the filing of the claim with the court.  If a claim is not 
 20.3   yet due, the date when it will become due shall be stated.  If 
 20.4   the claim is contingent or unliquidated, the nature of the 
 20.5   uncertainty shall be stated.  If the claim is secured, the 
 20.6   security shall be described.  Failure to describe correctly the 
 20.7   security, the nature of any uncertainty, and the due date of a 
 20.8   claim not yet due does not invalidate the presentation made.  
 20.9      (2) The claimant may commence a proceeding against the 
 20.10  personal representative in any court where the personal 
 20.11  representative may be subjected to jurisdiction, to obtain 
 20.12  payment of the claim against the estate, but the commencement of 
 20.13  the proceeding must occur within the time limited for presenting 
 20.14  the claim.  No presentation of claim is required in regard to 
 20.15  matters claimed in proceedings against the decedent which were 
 20.16  pending at the time of death.  
 20.17     (3) If a claim is presented under subsection (1), no 
 20.18  proceeding thereon may be commenced more than two months after 
 20.19  the personal representative has mailed a notice of disallowance; 
 20.20  but, in the case of a claim which is not presently due or which 
 20.21  is contingent or unliquidated, the personal representative may 
 20.22  consent to an extension of the two month period, or in any case, 
 20.23  to avoid injustice the court, on petition, may order an 
 20.24  extension of the two month period, but in no event shall the 
 20.25  extension run beyond the applicable statute of limitations.  
 20.26     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
 20.27  524.3-914, is amended to read: 
 20.28     524.3-914 [UNCLAIMED ASSETS.] 
 20.29     If any asset of the estate has not been distributed because 
 20.30  the person entitled thereto cannot be found or refuses to accept 
 20.31  the same, or for any other good and sufficient reason the same 
 20.32  has not been paid over, the court may direct the personal 
 20.33  representative to deposit the same with the county treasurer, 
 20.34  taking duplicate receipts therefor, one of which the personal 
 20.35  representative shall file with the county auditor and the other 
 20.36  in the court.  If the money on hand exceeds the sum of $5,000, 
 21.1   the court may direct the county treasurer to invest the funds, 
 21.2   and the county treasurer shall collect the interest on these 
 21.3   investments as it becomes due, and the money so collected or 
 21.4   deposited shall be credited to the county revenue fund.  Upon 
 21.5   application petition to the court within 21 years after such 
 21.6   deposit, and upon notice to the county attorney and county 
 21.7   treasurer, the court may direct the county auditor to issue to 
 21.8   the person entitled thereto the county auditor's warrant for the 
 21.9   amount of the money so on deposit including the interest 
 21.10  collected.  No interest shall be allowed or paid thereon, except 
 21.11  as herein provided, and if not claimed within such time no 
 21.12  recovery thereof shall be had.  The county treasurer, with the 
 21.13  approval of the court, may make necessary sales, exchanges, 
 21.14  substitutions, and transfers of investments and may present the 
 21.15  same for redemption and invest the proceeds.