SF 3810

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; directing the Department of Human Services to file release
of liens; amending Minnesota Statutes 2005 Supplement, section 256B.15,
subdivision 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2005 Supplement, section 256B.15, subdivision 7, is
amended to read:

Subd. 7.

Lien notices.

new text begin (a) new text end Medical assistance liens and liens under notices of
potential claims that are of record against life estate or joint tenancy interests established
prior to August 1, 2003, shall end, become unenforceable, and cease to be liens on those
interests upon the death of the person named in the lien or notice of potential claim, shall
be disregarded by examiners of title after the death of the life tenant or joint tenant, and
shall not be carried forward to a subsequent certificate of title.

new text begin (b) The state shall prepare and file an individual release of lien for each case where a
medical assistance lien or lien under notice of potential claim is of record against a life
estate or joint tenancy interest established prior to August 1, 2003. The state shall pay the
applicable filing fee in the county where the affected real property is located.
new text end

new text begin (c) new text end This subdivision shall not apply to life estates that continue to exist after the
death of the person named in the lien or notice of potential claim under the terms of
the instrument creating or reserving the life estate until the life estate ends as provided
for in the instrument.