Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
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.
Official Publication of the State of Minnesota
Revisor of Statutes