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Key: (1) language to be deleted (2) new language

  
    
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                            CHAPTER 338-H.F.No. 2155 
                  An act relating to civil law; real property and 
                  probate; providing conditions for registered property 
                  applications and records; providing for the 
                  application of certain curative provisions; changing 
                  certain probate and trust provisions; providing 
                  standards for certain documents; amending Minnesota 
                  Statutes 1994, sections 357.18, by adding a 
                  subdivision; 501B.57; 508.06; 508.63; 508.66; 508.71, 
                  subdivision 3; 508.82; 508A.01, subdivision 3; 
                  508A.06; 508A.63; 508A.66; 508A.71, subdivision 3; 
                  508A.82; 508A.85, subdivision 3; 524.2-403; 524.3-708; 
                  524.3-804; 559.215; and 559.216; Minnesota Statutes 
                  1995 Supplement, sections 524.2-803; and 524.3-914; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 507; repealing Laws 1994, chapter 447, section 
                  2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
                                   ARTICLE 1
           Section 1.  Minnesota Statutes 1994, section 508.06, is 
        amended to read: 
           508.06 [CONTENTS OF APPLICATION; RIGHTS AND PRIVILEGES OF 
        CLAIMANTS.] 
           The application shall set forth substantially: 
           (1) The full name, age, and residence address of the 
        applicant; if the application is made by any person acting in 
        behalf of another, the application shall likewise state the full 
        name and residence address of the person so acting, and the 
        capacity in which that person acts; if the applicant is not an 
        individual, the application shall include the full legal name 
        and type of entity, the state of organization, and the address 
        of its principal place of business; 
           (2) Whether the applicant is or is not married and, if 
        married, the full name and residence address of the spouse; it 
        shall state whether the applicant is or is not 18 years of age 
        or older; whether or not the applicant is under any legal 
        disability incapacity, and if so, the nature of the disability 
        incapacity; and whether the applicant has ever been divorced 
        and, if so, when, where, and by what court the divorce was 
        granted; 
           (3) A correct description of the land, together with the 
        estimated market value of the fee simple interest therein, 
        exclusive of improvements, according to the last official 
        assessment; the description of an appurtenant easement shall be 
        accompanied by a description of the fee simple estate to which 
        it is appurtenant; 
           (4) The estate or interest of the applicant in the land, 
        and whether or not it is subject to an estate of homestead; 
           (5) The names of all persons or parties, except the 
        applicant, who appear of record, or who are known to the 
        applicant to have or to claim any right, title, estate, lien, or 
        interest in the land and the nature and character of it; 
           (6) Whether the land is occupied or unoccupied; if occupied 
        by any other person than the applicant, it shall state the full 
        name and address of each occupant and the nature of the estate, 
        interest, lien, or charge which the occupant or occupants have, 
        or claim to have, in the land; 
           (6) A description of each lien or interest, recorded or 
        unrecorded, which the applicant recognizes as encumbering the 
        land, including the nature of the lien or interest, any 
        information about its recording, and the name of the interested 
        party; 
           (7) Whether the land is subject to any lien or encumbrance, 
        recorded or unrecorded, together with the character and amount 
        of it, and the name and post office address of each holder of 
        it; if recorded, it shall state the place, book, and page of 
        record A description of each lien or interest, recorded or 
        unrecorded, for which the applicant seeks a determination 
        terminating or modifying the interest, together with the reason 
        for the relief requested, and including the nature of the lien 
        or interest, any information about its recording, and the name 
        of the interested party; 
           (8) A description of any other defects in the applicant's 
        title and a reason for curing the defects; 
           (9) If the application is on behalf of a minor, it shall 
        state the age of the minor and that a duly certified copy of the 
        letters of guardianship has been recorded with the county 
        recorder in the county in which the land is situated; 
           (9) (10) When the place of residence of any person whose 
        residence is a required to be given address is unknown to the 
        applicant after due and diligent search, it may be so stated in 
        the application and also that, after due and diligent search, 
        the applicant has been unable to ascertain it; 
           (10) (11) If it is desired to fix and establish the 
        boundary lines of the land, the full names and post office 
        addresses of all owners of adjoining lands which are in any 
        manner affected by it shall be fully stated. 
           Any person having or claiming any right, title, interest, 
        or estate in land, or any lien or charge upon or against it, may 
        assent in writing to its registration.  The person assenting 
        need not be named as a defendant in the registration proceeding 
        or, if already named as a defendant in it, need not be served 
        with the summons in it.  The assent shall be executed and 
        acknowledged in the manner required by law for the execution and 
        acknowledgment of a deed and filed with the court administrator. 
           Sec. 2.  Minnesota Statutes 1994, section 508.63, is 
        amended to read: 
           508.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS; 
        JUDGMENTS.] 
           No judgment requiring the payment of money shall be a lien 
        upon registered land, except as herein provided.  Any person 
        claiming such lien shall file with the registrar a certified 
        copy of the judgment, together with a written statement 
        containing a description of each parcel of land in which the 
        judgment debtor has a registered interest and upon which the 
        lien is claimed, and a proper reference to the certificate or 
        certificates of title to such land.  Upon filing such copy and 
        statement, the registrar shall enter a memorial of such judgment 
        upon each certificate designated in such statement, and the 
        judgment shall thereupon be and become a lien upon the judgment 
        debtor's interest in the land described in such certificate or 
        certificates.  At any time after filing the certified copy of 
        such judgment, any person claiming the lien may, by filing a 
        written statement, as herein provided, cause a memorial of such 
        judgment to be entered upon any certificate of title to land in 
        which the judgment debtor has a registered interest and not 
        described in any previous statement and the judgment shall 
        thereupon be and become a lien upon the judgment debtor's 
        interest in such land.  The judgment shall survive and the lien 
        thereof shall continue for a period of ten years from the date 
        of the judgment and no longer, and the registrar of titles shall 
        not carry forward to a new certificate of title the memorial of 
        the judgment after that period.  In every case where an 
        instrument of any description, or a copy of any writ, order, or 
        decree, is required by law to be filed or recorded in order to 
        create or preserve any lien, writ, or attachment upon 
        unregistered land, such instrument or copy, if intended to 
        affect registered land, shall, in lieu of recording, be filed 
        and registered with the registrar.  In addition to any facts 
        required by law to be stated in such instruments to entitle them 
        to be filed or recorded, they shall also contain a reference to 
        the number of the certificate of title of the land to be 
        affected, and, if the attachment, charge, or lien is not claimed 
        on all the land described in any certificate of title, such 
        instrument shall contain a description sufficient to identify 
        the land. 
           Sec. 3.  Minnesota Statutes 1994, section 508.66, is 
        amended to read: 
           508.66 [RELEASE OF COURT PROCEEDINGS; COURT ADMINISTRATOR'S 
        CERTIFICATE; NOTICE OF LIS PENDENS.] 
           A certificate of the court administrator of the court in 
        which any action or proceeding shall have been pending or in 
        which any judgment or decree is of record, that such action has 
        been dismissed or otherwise disposed of, or that the judgment, 
        decree, or order has been assigned, satisfied, released, or 
        reversed, or the certificate of any sheriff, or other officer, 
        that the levy of any execution, attachment, or other process has 
        been released, discharged or otherwise disposed of, being duly 
        filed and noted upon the register, shall be sufficient to 
        authorize the registrar to cancel, or otherwise treat the 
        memorial thereof according to the purport of such certificate. 
           The registrar shall not carry forward to a new certificate 
        of title the memorial of a notice of lis pendens which has been 
        of record for ten years, unless another notice of lis pendens in 
        the same action has been filed within the ten years.  
           Sec. 4.  Minnesota Statutes 1994, section 508.71, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DIRECTIVE BY EXAMINER.] At the request of a 
        registered owner or other person in interest, the examiner of 
        titles by a written directive may order (1) the amendment or 
        cancellation of a memorial relating to racial restrictions, 
        rights which are barred by a statute or rights which have 
        expired by the terms of the instrument creating the rights, or 
        (2) upon the submission of evidence satisfactory to the 
        examiner, the correction of the name or designation of a party 
        who is a registered owner or who has an interest registered on a 
        certificate of title.  The registrar of titles may register the 
        directives of the examiner of titles upon the certificates of 
        title, and shall give full faith to the directives.  
           Sec. 5.  Minnesota Statutes 1994, section 508A.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DEFINITION.] For the purposes of sections 
        508A.01 to 508A.85, the term "possessory estate in land" means a 
        fee simple estate held by an owner who (1) has been found on 
        examination by the examiner of titles pursuant to section 
        508A.13 to be the record owner of the land described; (2) has 
        satisfied the examiner of titles that the owner and predecessors 
        in title have had is in actual or constructive possession of the 
        land described for a period of not less than 15 consecutive 
        years prior to the date of entry of the first CPT; and (3) has 
        paid the taxes on the land described for at least five 
        consecutive years during the 15-year period.  
           Sec. 6.  Minnesota Statutes 1994, section 508A.06, is 
        amended to read: 
           508A.06 [CONTENTS OF APPLICATION; RIGHTS AND PRIVILEGES OF 
        CLAIMANTS.] 
           The application shall set forth substantially:  
           (1) The full name, age, and residence address of the 
        applicant; if the application is made by any person acting in 
        behalf of another, the application shall likewise state the full 
        name and residence address of the person so acting, and the 
        capacity in which the person acts; if the applicant is not an 
        individual, the application shall include the full legal name 
        and type of entity, the state of organization, and the address 
        of its principal place of business; 
           (2) Whether the applicant is or is not married and if 
        married, the full name and residence address of the spouse; it 
        shall state whether the applicant is or is not 18 years of age 
        or older; whether or not the applicant is under any legal 
        disability incapacity, and if so the nature of the disability 
        incapacity; and whether the applicant has ever been divorced and 
        if so, when, where, and by what court the divorce was granted; 
           (3) A correct description of the land, together with the 
        estimated market value of the fee simple interest in it, 
        exclusive of improvements, according to the last official 
        assessment; 
           (4) The estate or interest of the applicant in the land, 
        and whether or not it is subject to an estate of homestead; 
           (5) The names of all persons or parties, except the 
        applicant, who appear of record, or who are known to the 
        applicant to have or to claim any right, title, estate, lien, or 
        interest in the land and the nature and character of it; 
           (6) Whether the land is occupied or unoccupied; if occupied 
        by any other person than the applicant, it shall state the full 
        name and address of each occupant and the nature of the estate, 
        interest, lien, or charge which the occupant or occupants have, 
        or claim to have, in the land; 
           (7) Whether the land is subject to any lien or encumbrance, 
        recorded or unrecorded, together with the character and amount 
        of the same, and the name and post office address of each holder 
        thereof; if recorded, it shall state the place, book, and page 
        of record; 
           (8) If the application is on behalf of a minor, it shall 
        state the age of the minor and that a duly certified copy of the 
        letters of guardianship has been recorded with the county 
        recorder in the county in which the land is situated; 
           (9) When the place of residence of any person whose 
        residence is a required to be given address is unknown to the 
        applicant after due and diligent search, it shall be so stated 
        in the application and also that, after due and diligent search, 
        the applicant has been unable to ascertain it; 
           (10) The facts supporting applicant's claim to a possessory 
        estate in land as defined in section 508A.01, subdivision 3.  
           Sec. 7.  Minnesota Statutes 1994, section 508A.63, is 
        amended to read: 
           508A.63 [REGISTRATION OF INSTRUMENTS CREATING LIENS; 
        JUDGMENTS.] 
           No judgment requiring the payment of money shall be a lien 
        upon land registered under sections 508A.01 to 508A.85, except 
        as herein provided.  Any person claiming a lien shall file with 
        the registrar a certified copy of the judgment, together with a 
        written statement containing a description of each parcel of 
        land in which the judgment debtor has a registered interest and 
        upon which the lien is claimed, and a proper reference to the 
        CPT or CPTs to the land.  Upon filing the copy and statement, 
        the registrar shall enter a memorial of the judgment upon each 
        CPT designated in the statement, and the judgment shall then be 
        and become a lien upon the judgment debtor's interest in the 
        land described in CPT or CPTs.  At any time after filing the 
        certified copy of the judgment, any person claiming the lien 
        may, by filing a written statement, as herein provided, cause a 
        memorial of the judgment to be entered upon any CPT to land in 
        which the judgment debtor has a registered interest and not 
        described in any previous statement and the judgment shall then 
        be and become a lien upon the judgment debtor's interest in the 
        land.  The judgment shall survive and the lien thereof shall 
        continue for a period of ten years from the date of the judgment 
        and no longer; and the registrar shall not carry forward to a 
        new certificate of title the memorial of the judgment after that 
        period.  In every case where an instrument of any description, 
        or a copy of any writ, order, or decree, is required by law to 
        be filed or recorded in order to create or preserve any lien, 
        writ, or attachment upon unregistered land, the instrument or 
        copy, if intended to affect registered land, shall, in lieu of 
        recording, be filed and registered with the registrar.  In 
        addition to any facts required by law to be stated in the 
        instruments to entitle them to be filed or recorded, they shall 
        also contain a reference to the number of the CPT of the land to 
        be affected.  If the attachment, charge, or lien is not claimed 
        on all the land described in any CPT, the instrument shall 
        contain a description sufficient to identify the land.  
           Sec. 8.  Minnesota Statutes 1994, section 508A.66, is 
        amended to read: 
           508A.66 [RELEASE OF COURT PROCEEDINGS; COURT 
        ADMINISTRATOR'S CERTIFICATE; NOTICE OF LIS PENDENS.] 
           A certificate of the court administrator of the court in 
        which any action or proceeding shall have been pending or in 
        which any judgment or decree is of record, that the action has 
        been dismissed or otherwise disposed of, or that the judgment, 
        decree, or order has been assigned, satisfied, released, or 
        reversed, or the certificate of any sheriff, or other officer, 
        that the levy of any execution, attachment, or other process has 
        been released, discharged or otherwise disposed of, being duly 
        filed and noted upon the register, shall be sufficient to 
        authorize the registrar to cancel, or otherwise treat the 
        memorial of it according to the purport of the certificate. 
           The registrar shall not carry forward to a new certificate 
        of title the memorial of a notice of lis pendens which has been 
        of record for ten years unless another notice of lis pendens in 
        the same action has been filed within the ten years.  
           Sec. 9.  Minnesota Statutes 1994, section 508A.71, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CANCELLATION OF MEMORIAL.] At the request of a 
        registered owner or other person in interest the examiner of 
        titles by a written directive may order (1) the amendment or 
        cancellation of a memorial relating to racial restrictions, 
        rights which are barred by a statute or rights which have 
        expired by the terms of the instrument creating the rights, or 
        (2) upon the submission of evidence satisfactory to the 
        examiner, the correction of the name or designation of a party 
        who is a registered owner or who has an interest registered on a 
        certificate of title.  The registrar of titles shall register 
        the directives of the examiner of titles upon the CPTs, and 
        shall give full faith to the directives.  
           Sec. 10.  Minnesota Statutes 1994, section 508A.85, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CHANGEOVER AT REQUEST OF OWNER.] Subsequent to 
        the expiration of the five year period set forth in section 
        508A.17, any registered owner of a CPT may file with the 
        registrar of titles a request for a changeover, and upon 
        surrender of the owner's duplicate CPT and payment of the fee 
        for an exchange as specified in section 508A.82, clause (6), the 
        registrar shall issue a certificate of title and cancel the CPT. 
           Sec. 11.  Minnesota Statutes 1994, section 559.215, is 
        amended to read: 
           559.215 [CONTRACTS OF SALE; VALIDATING TERMINATIONS OF 
        CONTRACT OF SALE.] 
           Every termination of a contract for the conveyance of real 
        property or an interest in real property where service of notice 
        of default is published for the first time or is served on the 
        purchaser, or the purchaser's personal representative or assigns 
        before the date in section 559.216 is legal and valid after the 
        expiration of the period specified in section 559.216 as against 
        the following objections: 
           (1) that prior to the service of notice of termination, no 
        mortgage registration tax was paid on the contract, or an 
        insufficient registration tax was paid on the contract; 
           (2) that the notice: 
           (i) did not correctly state the amount of attorney fees; 
           (ii) failed to state or incorrectly stated the names of one 
        or more of the sellers, or the sellers' successors or assigns, 
        or incorrectly described the interest or representative capacity 
        of the person giving the notice; 
           (iii) was printed or typed in an incorrect type size; or 
           (iv) incorrectly stated the number of days after service 
        that the contract will terminate, provided that the number of 
        days stated is not less than 30 days; or 
           (v) did not correctly state the two percent amount required 
        to be paid by section 559.21, subdivision 2a, clause (4); 
           (3) that the cancellation was commenced by less than all 
        sellers; or 
           (4) that in the case of a termination by publication the 
        notice was not served on all persons in possession of the real 
        estate, provided it was served on at least one of those persons. 
           Sec. 12.  Minnesota Statutes 1994, section 559.216, is 
        amended to read: 
           559.216 [EFFECTIVE DATES APPLICATION OF CURATIVE 
        PROVISIONS.] 
           Subdivision 1.  [EXPIRATION PERIODS.] The following dates 
        apply to Upon expiration of the periods specified in this 
        section, the provisions of section 559.215 apply to a 
        termination of a contract for the conveyance of real property or 
        an interest in real property subject to this section: 
           (1) as to clause (2)(iv) and clause (3), August 1, 1985 
        five years after the last day of the correct reinstatement 
        period of the purchaser or the purchaser's personal 
        representatives or assigns; and 
           (2) as to the general all other provisions of section 
        559.215, May 1, 1989 one year after the last day of the 
        reinstatement period of the purchaser or the purchaser's 
        personal representatives or assigns. 
           Subd. 2.  [PENDING AND NEWLY COMMENCED ACTIONS.] Sections 
        559.215 and 559.216, as enacted by Laws 1990, chapter 575, 
        sections 8 and 9, do not affect any action or proceeding pending 
        on August 1, 1990, or commenced before February 1, 1991, 
        involving the validity of the termination or conveyance. 
           The amendments to sections 559.215 and 559.216 by this 
        article shall not affect any action pending on August 1, 1996, 
        or that is commenced before February 1, 1997, involving the 
        validity of the termination or conveyance. 
           Sec. 13.  [REPEALER.] 
           Laws 1994, chapter 447, section 2, is repealed.  This 
        section takes effect the day after final enactment. 
                                   ARTICLE 2
           Section 1.  Minnesota Statutes 1994, section 501B.57, is 
        amended to read: 
           501B.57 [AFFIDAVIT OF TRUSTEE IN REAL PROPERTY 
        TRANSACTIONS.] 
           Subdivision 1.  [FORM OF AFFIDAVIT FOR INTER VIVOS TRUST.] 
        An affidavit of a trustee or of trustees of an inter vivos trust 
        in support of a real property transaction may be substantially 
        in the following form: 
         
        STATE OF MINNESOTA  )                     AFFIDAVIT OF TRUSTEE
                            )ss. 
        COUNTY OF           ) 
           .........................., being first duly sworn on oath 
        says that:  
           1.  Affiant is the trustee (one of the trustees) named in 
        that certain Certificate of Trust (or Trust Instrument) dated 
        ......., 19.., and filed for record ......., 19.., as Document 
        No. ..... (or in Book ..... of ............, Page ......) in the 
        Office of the County Recorder (Registrar of Titles) of 
        ........... County, Minnesota, executed by Affiant or another 
        trustee or the grantor of the Trust described in the Certificate 
        of Trust (or set forth in the Trust Instrument), and which 
        relates to real property in .......... County, Minnesota legally 
        described as follows: 
           ............................................................
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (If more space is needed, continue on back or on 
        attachment.) 
           2.  The name(s) and address(es) of the trustee(s) empowered 
        by the Trust Instrument to act at the time of the execution of 
        this Affidavit are as follows: 
           ......................................................... 
        .............................................................. 
        .............................................................. 
           3.  The trustee(s) who have executed that certain 
        instrument relating to the real property described above between 
        ........................, as trustee(s) and 
        ..........................., dated .........., 19..: 
           (a) are empowered by the provisions of the trust to sell, 
        convey, pledge, mortgage, lease, or transfer title to any 
        interest in real property held in trust; and 
           (b) are the requisite number of trustees required by the 
        provisions of the trust to execute and deliver such an 
        instrument.  
           4.  The Trust has not terminated and has not been revoked. 
           - OR - 
           4.  The Trust has terminated (or has been revoked).  The 
        execution and delivery of the instrument described in paragraph 
        3 has been made pursuant to the provisions of the Trust.  
           5.  There has been no amendment to the Trust which limits 
        the power of trustee(s) to execute and deliver the instrument 
        described in paragraph 3.  
           6.  The Trust is not supervised by any court. 
           - OR -  
           6.  The Trust is supervised by the ............ Court of 
        .............. County, ................  All necessary approval 
        has been obtained from the court for the trustee(s) to execute 
        and deliver the instrument described in paragraph 3.  
           7.  Affiant does not have actual knowledge of any facts 
        indicating that the Trust is invalid. 
                                            .............................
                                                                , Affiant
        Subscribed and sworn to before me
        this .... day of ........., 19...
                                            .............................
        Notary Stamp or Seal                Signature of Notary Public or
                                                   Other Official 
        This instrument was drafted by:
        ...............................
        ...............................
           Subd. 1a.  [FORM OF AFFIDAVIT FOR TESTAMENTARY TRUST.] An 
        affidavit of a trustee or of trustees of a testamentary trust in 
        support of a real property transaction may be substantially in 
        the following form: 
         
        STATE OF MINNESOTA  )                     AFFIDAVIT OF TRUSTEE
                            )ss. 
        COUNTY OF           ) 
           .........., being first duly sworn on oath says that:  
           1.  The .......... Trust was created by the Last Will and 
        Testament of .........., Decedent, dated .........., 19...  
        Decedent died on .........., 19...  Affiant, as trustee of the 
        Trust, acquired by instrument or decree dated .........., 19.., 
        filed in the office of the County Recorder/Registrar of Titles, 
        .......... County, Minnesota, as Document No. .........., an 
        interest in real property in .......... County, Minnesota, 
        legally described as follows: 
           .......................................................... 
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (If more space is needed, continue on back or on an 
        attachment.) 
           2.  The name(s) and address(es) of the trustee(s) empowered 
        by the terms of decedent's will to act at the time of the 
        execution of this Affidavit are as follows: 
           ......................................................... 
        .............................................................. 
        .............................................................. 
           3.  The trustee(s) who have executed that certain 
        instrument relating to the real property described above between 
        .........., as trustee(s) and .........., dated .........., 19..:
           (a) are empowered by the provisions of the trust under 
        decedent's will to sell, convey, pledge, mortgage, lease, or 
        transfer title to any interest in real property held in trust; 
        and 
           (b) are the requisite number of trustees required by the 
        provisions of the will to execute and deliver such an instrument.
           4.  The Trust has not terminated and has not been revoked. 
           - OR - 
           4.  The Trust has terminated (or has been revoked).  The 
        execution and delivery of the instrument described in paragraph 
        3 has been made pursuant to the provisions of the Trust.  
           5.  There has been no amendment to the Trust which limits 
        the powers of the trustee(s) to execute and deliver the 
        instrument described in paragraph 3. 
           6.  The Trust is not supervised by any court. 
           - OR -  
           6.  The Trust is supervised by the .......... Court of 
        .......... County.  ..........  All necessary approval has been 
        obtained from the court for the trustee(s) to execute and 
        deliver the instrument described in paragraph 3.  
           7.  Affiant does not have actual knowledge of any facts 
        indicating that the Trust is invalid. 
                                            .............................
                                                                , Affiant
        Subscribed and sworn to before me
        this .... day of .........., 19...
                                            .............................
                                            Signature of Notary Public or
                                                   Other Official 
        Notary Stamp or Seal
        This instrument was drafted by:
        ...............................
        ...............................
        ...............................
           Subd. 2.  [EFFECT.] An affidavit by the trustee or trustees 
        under subdivision 1 or 1a is proof that: 
           (i) the trust described in the affidavit is a valid trust; 
           (ii) either the trust has not terminated or been revoked 
        or, if the trust has terminated or been revoked, the conveyance 
        described in the affidavit is made pursuant to the provisions of 
        the trust; 
           (iii) the powers granted the trustee or trustees extend to 
        the real property described in the affidavit or attachment to 
        the affidavit; 
           (iv) no amendment to the trust has been made limiting the 
        power of the trustee or trustees to sell, convey, pledge, 
        mortgage, lease, or transfer title to the real property 
        described in the affidavit or attachment to the affidavit, if 
        any; 
           (v) the requisite number of trustees have executed and 
        delivered the instrument of conveyance described in the 
        affidavit; and 
           (vi) any necessary court approval of the transaction has 
        been obtained. 
        The proof is conclusive as to any party relying on the 
        affidavit, except a party dealing directly with the trustee or 
        trustees who has actual knowledge of facts to the contrary. 
           Sec. 2.  Minnesota Statutes 1994, section 524.2-403, is 
        amended to read: 
           524.2-403 [EXEMPT PROPERTY.] 
           (a) If there is a surviving spouse, then, in addition to 
        the homestead and family allowance, the surviving spouse is 
        entitled from the estate to: 
           (1) property not exceeding $10,000 in value in excess of 
        any security interests therein, in household furniture, 
        furnishings, appliances, and personal effects, subject to an 
        award of sentimental value property under section 525.152; and 
           (2) one automobile, if any, without regard to value. 
           (b) If there is no surviving spouse, the decedent's 
        children are entitled jointly to the same property as provided 
        in paragraph (a). 
           (c) If encumbered chattels are selected and the value in 
        excess of security interests, plus that of other exempt 
        property, is less than $10,000, or if there is not $10,000 worth 
        of exempt property in the estate, the surviving spouse or 
        children are entitled to other personal property of the estate, 
        if any, to the extent necessary to make up the $10,000 value. 
           (d) Rights to exempt property and assets needed to make up 
        a deficiency of exempt property have priority over all claims 
        against the estate, but the right to any assets to make up a 
        deficiency of exempt property abates as necessary to permit 
        earlier payment of the family allowance. 
           (e) The rights granted by this section are in addition to 
        any benefit or share passing to the surviving spouse or children 
        by the decedent's will, unless otherwise provided, by intestate 
        succession or by way of elective share. 
           Sec. 3.  Minnesota Statutes 1995 Supplement, section 
        524.2-803, is amended to read: 
           524.2-803 [EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, 
        WILLS, JOINT ASSETS, LIFE INSURANCE AND BENEFICIARY 
        DESIGNATIONS.] 
           (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 coownership 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. 
           Sec. 4.  Minnesota Statutes 1994, section 524.3-708, is 
        amended to read: 
           524.3-708 [DUTY OF PERSONAL REPRESENTATIVE; SUPPLEMENTARY 
        INVENTORY.] 
           If any property not included in the original inventory 
        comes to the knowledge of a personal representative or if the 
        personal representative learns that the value or description 
        indicated in the original inventory for any item is erroneous or 
        misleading, the personal representative shall make a 
        supplementary inventory or appraisement showing the market value 
        as of the date of the decedent's death of the new item or the 
        revised market value or descriptions, and the appraisers or 
        other data relied upon, if any, and file it with the court if 
        the original inventory was filed, or furnish copies thereof or 
        information thereof to persons interested in the new 
        information, and file it with the court if the original 
        inventory was filed. 
           Sec. 5.  Minnesota Statutes 1994, section 524.3-804, is 
        amended to read: 
           524.3-804 [MANNER OF PRESENTATION OF CLAIMS.] 
           Claims against a decedent's estate may be presented as 
        follows: 
           (1) The claimant may deliver or mail to the personal 
        representative a written statement of the claim indicating its 
        basis, the name and address of the claimant, and the amount 
        claimed, or may file a written statement of the claim, in the 
        form prescribed by rule, with the court administrator.  The 
        claim is deemed presented on the first to occur of receipt of 
        the written statement of claim by the personal representative, 
        or the filing of the claim with the court.  If a claim is not 
        yet due, the date when it will become due shall be stated.  If 
        the claim is contingent or unliquidated, the nature of the 
        uncertainty shall be stated.  If the claim is secured, the 
        security shall be described.  Failure to describe correctly the 
        security, the nature of any uncertainty, and the due date of a 
        claim not yet due does not invalidate the presentation made.  
           (2) The claimant may commence a proceeding against the 
        personal representative in any court where the personal 
        representative may be subjected to jurisdiction, to obtain 
        payment of the claim against the estate, but the commencement of 
        the proceeding must occur within the time limited for presenting 
        the claim.  No presentation of claim is required in regard to 
        matters claimed in proceedings against the decedent which were 
        pending at the time of death.  
           (3) If a claim is presented under subsection (1), no 
        proceeding thereon may be commenced more than two months after 
        the personal representative has mailed a notice of disallowance; 
        but, in the case of a claim which is not presently due or which 
        is contingent or unliquidated, the personal representative may 
        consent to an extension of the two month period, or in any case, 
        to avoid injustice the court, on petition, may order an 
        extension of the two month period, but in no event shall the 
        extension run beyond the applicable statute of limitations.  
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        524.3-914, is amended to read: 
           524.3-914 [UNCLAIMED ASSETS.] 
           If any asset of the estate has not been distributed because 
        the person entitled thereto cannot be found or refuses to accept 
        the same, or for any other good and sufficient reason the same 
        has not been paid over, the court may direct the personal 
        representative to deposit the same with the county treasurer, 
        taking duplicate receipts therefor, one of which the personal 
        representative shall file with the county auditor and the other 
        in the court.  If the money on hand exceeds the sum of $5,000, 
        the court may direct the county treasurer to invest the funds, 
        and the county treasurer shall collect the interest on these 
        investments as it becomes due, and the money so collected or 
        deposited shall be credited to the county revenue fund.  Upon 
        application petition to the court within 21 years after such 
        deposit, and upon notice to the county attorney and county 
        treasurer, the court may direct the county auditor to issue to 
        the person entitled thereto the county auditor's warrant for the 
        amount of the money so on deposit including the interest 
        collected.  No interest shall be allowed or paid thereon, except 
        as herein provided, and if not claimed within such time no 
        recovery thereof shall be had.  The county treasurer, with the 
        approval of the court, may make necessary sales, exchanges, 
        substitutions, and transfers of investments and may present the 
        same for redemption and invest the proceeds. 
                                   ARTICLE 3 
           Section 1.  [507.093] [STANDARDS FOR DOCUMENTS TO BE 
        RECORDED OR FILED.] 
           (a) The following standards are imposed on documents to be 
        recorded with the county recorder or filed with the registrar of 
        titles: 
           (1) The document shall consist of one or more individual 
        sheets measuring no larger than 8.5 inches by 14 inches. 
           (2) The form of the document shall be printed, typewritten, 
        or computer generated in black ink and the form of the document 
        shall not be smaller than 8-point type.  
           (3) The document shall be on white paper of not less than 
        20-pound weight with no background color, images, or writing and 
        shall have a clear border of approximately one-half inch on the 
        top, bottom, and each side.  
           (4) The first page of the document shall contain a blank 
        space at the top measuring three inches, as measured from the 
        top of the page.  The right half to be used by the county 
        recorder for recording information or registrar of titles for 
        filing information and the left half to be used by the county 
        auditor or treasurer for certification.  
           (5) The title of the document shall be prominently 
        displayed at the top of the first page below the blank space 
        referred to in clause (4).  
           (6) No additional sheet shall be attached or affixed to a 
        page that covers up any information or printed part of the form. 
           (7) A document presented for recording or filing must be 
        sufficiently legible to reproduce a readable copy using the 
        county recorder's or registrar of title's current method of 
        reproduction.  
           (b) The recording or filing fee for a document that does 
        not conform to the standards in paragraph (a) shall be increased 
        as provided in sections 2, 3, and 4. 
           (c) The recorder or registrar shall refund the recording or 
        filing fee to the applicant if the real estate documents are not 
        filed or registered within 30 days after receipt. 
           Sec. 2.  Minnesota Statutes 1994, section 357.18, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [VARIANCE FROM STANDARDS.] A document that does 
        not conform to the standards in section 1, paragraph (a), shall 
        not be recorded except upon payment of an additional fee of $10 
        per document.  This subdivision applies only to documents dated 
        after July 31, 1997, and does not apply to Minnesota uniform 
        conveyancing blanks contained in the book of forms in the office 
        of the commissioner of commerce provided for under section 
        507.09, certified copies, or any other form provided for under 
        Minnesota Statutes. 
           Sec. 3.  Minnesota Statutes 1994, section 508.82, is 
        amended to read: 
           508.82 [REGISTRAR'S FEES.] 
           Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
        to the registrar shall be as follows: 
           (1) of the fees provided herein, five percent of the fees 
        collected under clauses (3), (4), (10), (12), (13), (14), (16), 
        (17), and (18), for filing or memorializing shall be paid to the 
        state treasurer and credited to the general fund; plus a $4.50 
        surcharge shall be charged and collected in addition to the 
        total fees charged for each transaction under clauses (2) to 
        (5), (10), (12), (14), and (18), with 50 cents of this surcharge 
        to be retained by the county to cover its administrative costs 
        and $4 to be paid to the state treasury and credited to the 
        general fund; 
           (2) for registering each original certificate of title, and 
        issuing a duplicate of it, $30; 
           (3) for registering each instrument transferring the fee 
        simple title for which a new certificate of title is issued and 
        for the issuance and registration of the new certificate of 
        title, $30; 
           (4) for the entry of each memorial on a certificate and 
        endorsements upon duplicate certificates, $15; 
           (5) for issuing each residue certificate, $20; 
           (6) for exchange certificates, $10 for each certificate 
        canceled and $10 for each new certificate issued; 
           (7) for each certificate showing condition of the register, 
        $10; 
           (8) for any certified copy of any instrument or writing on 
        file in the registrar's office, the same fees allowed by law to 
        county recorders for like services; 
           (9) for a noncertified copy of any instrument or writing on 
        file in the office of the registrar of titles, or any specified 
        page or part of it, an amount as determined by the county board 
        for each page or fraction of a page specified.  If computer or 
        microfilm printers are used to reproduce the instrument or 
        writing, a like amount per image; 
           (10) for filing two copies of any plat in the office of the 
        registrar, $30; 
           (11) for any other service under this chapter, such fee as 
        the court shall determine; 
           (12) for issuing a duplicate certificate of title pursuant 
        to the directive of the examiner of titles in counties in which 
        the compensation of the examiner is paid in the same manner as 
        the compensation of other county employees, $50, plus $10 to 
        memorialize; 
           (13) for issuing a duplicate certificate of title pursuant 
        to the directive of the examiner of titles in counties in which 
        the compensation of the examiner is not paid by the county or 
        pursuant to an order of the court, $10; 
           (14) for filing a condominium plat or an amendment to it in 
        accordance with chapter 515, $30; 
           (15) for a copy of a condominium plat filed pursuant to 
        chapters 515 and 515A, the fee shall be $1 for each page of the 
        condominium plat with a minimum fee of $10; 
           (16) for filing a condominium declaration and plat or an 
        amendment to it in accordance with chapter 515A, $10 for each 
        certificate upon which the document is registered and $30 for 
        the filing of the condominium plat or an amendment thereto; 
           (17) for the filing of a certified copy of a plat of the 
        survey pursuant to section 508.23 or 508.671, $10; 
           (18) for filing a registered land survey in triplicate in 
        accordance with section 508.47, subdivision 4, $30; 
           (19) for furnishing a certified copy of a registered land 
        survey in accordance with section 508.47, subdivision 4, $10. 
           Subd. 2.  [VARIANCE FROM STANDARDS.] A document that does 
        not conform to the standards in section 1, paragraph (a), shall 
        not be filed except upon payment of an additional fee of $10 per 
        document.  This subdivision applies only to documents dated 
        after July 31, 1997, and does not apply to Minnesota uniform 
        conveyancing blanks contained in the book of forms in the office 
        of the commissioner of commerce provided for under section 
        507.09, certified copies, or any other form provided for under 
        Minnesota Statutes. 
           Sec. 4.  Minnesota Statutes 1994, section 508A.82, is 
        amended to read: 
           508A.82 [REGISTRAR'S FEES.] 
           Subdivision 1.  [STANDARD DOCUMENTS.] The fees to be paid 
        to the registrar shall be as follows:  
           (1) of the fees provided herein, five percent of the fees 
        collected under clauses (3), (4), (10), (12), (13), (14), (16), 
        and (18), for filing or memorializing shall be paid to the state 
        treasurer and credited to the general fund; plus a $4.50 
        surcharge shall be charged and collected in addition to the 
        total fees charged for each transaction under clauses (2) to 
        (5), (10), (12), (14), and (18), with 50 cents of this surcharge 
        to be retained by the county to cover its administrative costs 
        and $4 to be paid to the state treasury and credited to the 
        general fund; 
           (2) for registering each original CPT, and issuing a 
        duplicate of it, $30; 
           (3) for registering each instrument transferring the fee 
        simple title for which a new CPT is issued and for the issuance 
        and registration of the new CPT, $30; 
           (4) for the entry of each memorial on a certificate and 
        endorsements upon duplicate CPTs, $15; 
           (5) for issuing each residue CPT, $20; 
           (6) for exchange CPTs, $10 for each CPT canceled and $10 
        for each new CPT issued; 
           (7) for each certificate showing condition of the register, 
        $10; 
           (8) for any certified copy of any instrument or writing on 
        file in the registrar's office, the same fees allowed by law to 
        county recorders for like services; 
           (9) for a noncertified copy of any instrument or writing on 
        file in the office of the registrar of titles, or any specified 
        page or part of it, an amount as determined by the county board 
        for each page or fraction of a page specified.  If computer or 
        microfilm printers are used to reproduce the instrument or 
        writing, a like amount per image; 
           (10) for filing two copies of any plat in the office of the 
        registrar, $30; 
           (11) for any other service under sections 508A.01 to 
        508A.85, the fee the court shall determine; 
           (12) for issuing a duplicate CPT pursuant to the directive 
        of the examiner of titles in counties in which the compensation 
        of the examiner is paid in the same manner as the compensation 
        of other county employees, $50, plus $10 to memorialize; 
           (13) for issuing a duplicate CPT pursuant to the directive 
        of the examiner of titles in counties in which the compensation 
        of the examiner is not paid by the county or pursuant to an 
        order of the court, $10; 
           (14) for filing a condominium plat or an amendment to it in 
        accordance with chapter 515, $30; 
           (15) for a copy of a condominium plat filed pursuant to 
        chapters 515 and 515A, the fee shall be $1 for each page of the 
        plat with a minimum fee of $10; 
           (16) for filing a condominium declaration and condominium 
        plat or an amendment to it in accordance with chapter 515A, $10 
        for each certificate upon which the document is registered and 
        $30 for the filing of the condominium plat or an amendment to 
        it; 
           (17) in counties in which the compensation of the examiner 
        of titles is paid in the same manner as the compensation of 
        other county employees, for each parcel of land contained in the 
        application for a CPT, as the number of parcels is determined by 
        the examiner, a fee which is reasonable and which reflects the 
        actual cost to the county, established by the board of county 
        commissioners of the county in which the land is located; 
           (18) for filing a registered land survey in triplicate in 
        accordance with section 508A.47, subdivision 4, $30; 
           (19) for furnishing a certified copy of a registered land 
        survey in accordance with section 508A.47, subdivision 4, $10. 
           Subd. 2.  [VARIANCE FROM STANDARDS.] A document that does 
        not conform to the standards in section 1, paragraph (a), shall 
        not be filed except upon payment of an additional fee of $10 per 
        document.  This subdivision applies only to documents dated 
        after July 31, 1997, and does not apply to Minnesota uniform 
        conveyancing blanks contained in the book of forms in the office 
        of the commissioner of commerce provided for under section 
        507.09, certified copies, or any other form provided for under 
        Minnesota Statutes. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Sections 1 to 4 are effective August 1, 1997. 
           Presented to the governor March 18, 1996 
           Signed by the governor March 19, 1996, 3:55 p.m.