Connecticut 2013 Regular Session

Connecticut Senate Bill SB01162 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 1162
2	2	January Session, 2013 LCO No. 5372
3	3	05372_______JUD
4	4	Referred to Committee on JUDICIARY
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 1162
11	11
12	12	January Session, 2013
13	13
14	14	LCO No. 5372
15	15
16	16	05372_______JUD
17	17
18	18	Referred to Committee on JUDICIARY
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
23	23
24	24	AN ACT CONCERNING THE ADOPTION OF UNIFORM ACTS RELATING TO THE DISPOSITION OF PROPERTY AND THE EFFECTIVENESS OF A VALIDLY EXECUTED POWER OF ATTORNEY.
25	25
26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
27	27
28	28	Section 1. (NEW) (Effective October 1, 2013) Sections 1 to 13, inclusive, of this act may be cited as the Uniform Partition of Heirs Property Act.
29	29
30	30	Sec. 2. (NEW) (Effective October 1, 2013) As used in this section and sections 3 to 13, inclusive, of this act:
31	31
32	32	(1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual;
33	33
34	34	(2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant;
35	35
36	36	(3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual;
37	37
38	38	(4) "Determination of value" means a court order (A) determining the fair market value of heirs property under section 6 or 10 of this act, or (B) adopting the valuation of the property agreed to by all cotenants;
39	39
40	40	(5) "Heirs property" means real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:
41	41
42	42	(A) There is no agreement in a record binding all the cotenants which governs the partition of the property;
43	43
44	44	(B) One or more of the cotenants acquired title from a relative, whether living or deceased; and
45	45
46	46	(C) Any of the following applies:
47	47
48	48	(i) Twenty per cent or more of the interests are held by cotenants who are relatives;
49	49
50	50	(ii) Twenty per cent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
51	51
52	52	(iii) Twenty per cent or more of the cotenants are relatives;
53	53
54	54	(6) "Partition by sale" means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under section 10 of this act;
55	55
56	56	(7) "Partition in kind" means the division of heirs property into physically distinct and separately titled parcels;
57	57
58	58	(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
59	59
60	60	(9) "Relative" means an ascendant, descendant or collateral or an individual otherwise related to another individual by blood, marriage, adoption or law of this state other than the provision of sections 1 to 13, inclusive, of this act.
61	61
62	62	Sec. 3. (NEW) (Effective October 1, 2013) (a) The provisions of sections 1 to 13, inclusive, of this act apply to partitions actions filed on or after October 1, 2013.
63	63
64	64	(b) In an action to partition real property under section 52-495 of the general statutes, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under section 8 of this act unless all of the cotenants otherwise agree in a record.
65	65
66	66	(c) The provisions of sections 1 to 13, inclusive, of this act supplement chapter 919 of the general statutes, and, if an action is governed by sections 1 to 13, inclusive, of this act replace provisions of chapter 919 of the general statutes that are inconsistent with the provisions of sections 1 to 13, inclusive, of this act.
67	67
68	68	Sec. 4. (NEW) (Effective October 1, 2013) (a) The provisions of sections 1 to 13, inclusive, of this act do not limit or affect the method by which service of a complaint in a partition action may be made.
69	69
70	70	(b) If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than ten days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
71	71
72	72	Sec. 5. (NEW) (Effective October 1, 2013) If the court appoints a committee pursuant to section 52-495 of the general statutes, each committee member shall be disinterested and impartial and not a party to or a participant in the action.
73	73
74	74	Sec. 6. (NEW) (Effective October 1, 2013) (a) Except as provided in subsections (b) and (c) of this section, if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d) of this section.
75	75
76	76	(b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.
77	77
78	78	(c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
79	79
80	80	(d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
81	81
82	82	(e) If an appraisal is conducted pursuant to subsection (d) of this section, not later than ten days after the appraisal is filed with the court, the court shall send notice to each party with a known address, stating:
83	83
84	84	(1) The appraised fair market value of the property;
85	85
86	86	(2) That the appraisal is available at the clerk's office; and
87	87
88	88	(3) That a party may file with the court an objection to the appraisal not later than thirty days after the date on which the notice is sent, stating the grounds for the objection.
89	89
90	90	(f) If an appraisal is filed with the court pursuant to subsection (d) of this section, the court shall conduct a hearing to determine the fair market value of the property not earlier than thirty days after the date on which a copy of the notice of the appraisal is sent to each party under subsection (e) of this section, whether or not an objection to the appraisal is filed under subdivision (3) of subsection (e) of this section. In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.
91	91
92	92	(g) After a hearing under subsection (f) of this section, but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
93	93
94	94	Sec. 7. (NEW) (Effective October 1, 2013) (a) If any cotenant requested partition by sale, after the determination of value under section 6 of this act, the court shall send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale.
95	95
96	96	(b) Not later than forty-five days after the date on which the notice is sent under subsection (a) of this section, any cotenant except a cotenant that requested partition by sale may give notice to the court that it elects to buy all the interests of the cotenants that requested partition by sale.
97	97
98	98	(c) The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under section 6 of this act, multiplied by the cotenant's fractional ownership of the entire parcel.
99	99
100	100	(d) After expiration of the period in subsection (b) of this section, the following rules apply:
101	101
102	102	(1) If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact.
103	103
104	104	(2) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant.
105	105
106	106	(3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under subsections (a) and (b) of section 8 of this act.
107	107
108	108	(e) If the court sends notice to the parties under subdivisions (1) or (2) of subsection (d) of this section, the court shall set a date, not earlier than sixty days after the date on which the notice was sent, by which electing cotenants must pay their apportioned price into the court. After this date, the following rules apply:
109	109
110	110	(1) If all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them.
111	111
112	112	(2) If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under subsections (a) and (b) of section 8 of this act, as if the interests of the cotenants that requested partition by sale were not purchased.
113	113
114	114	(3) If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court, on motion, shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest.
115	115
116	116	(f) Not later than twenty days after the date on which the court gives notice pursuant to subdivision (3) of subsection (e) of this section, any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court. After the twenty-day period, the following rules apply:
117	117
118	118	(1) If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue promptly an order reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons entitled to them.
119	119
120	120	(2) If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under subsections (a) and (b) of section 8 of this act, as if the interests of the cotenants that requested partition by sale were not purchased.
121	121
122	122	(3) If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue promptly an order reallocating all of the cotenants' interests, disburse the amounts held by it to the persons entitled to them, and promptly refund any excess payment held by the court.
123	123
124	124	(g) Not later than forty-five days after the date on which the court sends notice to the parties pursuant to subsection (a) of this section, any cotenant entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action.
125	125
126	126	(h) If the court receives a timely request under subsection (g) of this section, the court, after hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to the following limitations:
127	127
128	128	(1) A sale authorized under this subsection may occur only after the purchase prices for all interests subject to sale under subsections (a) to (f), inclusive, of this section, have been paid into court and those interests have been reallocated among the cotenants as provided in subsections (a) to (f), inclusive, of this section; and
129	129
130	130	(2) The purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under section 6 of this act.
131	131
132	132	Sec. 8. (NEW) (Effective October 1, 2013) (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to section 7 of this act, or if after conclusion of the buyout under section 7 of this act, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in section 9 of this act, finds that partition in kind will result in manifest prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.
133	133
134	134	(b) If the court does not order partition in kind under subsection (a) of this section, the court shall order partition by sale pursuant to section 10 of this act or, if no cotenant requested partition by sale, the court shall dismiss the action.
135	135
136	136	(c) If the court orders partition in kind pursuant to subsection (a) of this section, the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
137	137
138	138	(d) If the court orders partition in kind, the court shall allocate to the cotenants who are unknown, cannot be located, or the subject of a default judgment, if their interests were not bought out pursuant to section 7 of this act, a part of the property representing the combined interests of these cotenants as determined by the court and this part of the property shall remain undivided.
139	139
140	140	Sec. 9. (NEW) (Effective October 1, 2013) (a) In determining under subsection (a) of section 8 of this act, whether partition in kind would result in manifest prejudice to the cotenants as a group, the court shall consider the following:
141	141
142	142	(1) Whether the heirs property practicably can be divided among the cotenants;
143	143
144	144	(2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
145	145
146	146	(3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
147	147
148	148	(4) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
149	149
150	150	(5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
151	151
152	152	(6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
153	153
154	154	(7) Any other relevant factor.
155	155
156	156	(b) The court may not consider any one factor in subsection (a) of this section to be dispositive without weighing the totality of all relevant factors and circumstances.
157	157
158	158	Sec. 10. (NEW) (Effective October 1, 2013) (a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
159	159
160	160	(b) If the court orders an open-market sale and the parties, not later than ten days after the date of entry of the order, agree on a real estate broker licensed in this state to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
161	161
162	162	(c) If the broker appointed under subsection (b) of this section obtains, within a reasonable time, an offer to purchase the property for at least the determination of value: (1) The broker shall comply with the reporting requirements in section 11 of this act; and (2) the sale may be completed in accordance with requirement of state law other than the requirements prescribed in sections 1 to 13, inclusive, of this act.
163	163
164	164	(d) If the broker appointed under subsection (b) of this section does not obtain, within a reasonable time, an offer to purchase the property for at least the determination of value, the court, after hearing, may:
165	165
166	166	(1) Approve the highest outstanding offer, if any;
167	167
168	168	(2) Redetermine the value of the property and order that the property continue to be offered for an additional time; or
169	169
170	170	(3) Order that the property be sold by sealed bids or at an auction.
171	171
172	172	(e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction must be conducted under section 52-495 of the general statutes.
173	173
174	174	(f) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
175	175
176	176	Sec. 11. (NEW) (Effective October 1, 2013) (a) A broker appointed under subsection (b) of section 10 of this act, to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under section 6 or 10 of this act.
177	177
178	178	(b) The report required by subsection (a) of this section shall contain the following information:
179	179
180	180	(1) A description of the property to be sold to each buyer;
181	181
182	182	(2) The name of each buyer;
183	183
184	184	(3) The proposed purchase price;
185	185
186	186	(4) The terms and conditions of the proposed sale, including the terms of any owner financing;
187	187
188	188	(5) The amounts to be paid to lienholders;
189	189
190	190	(6) A statement of contractual or other arrangements or conditions of the broker's commission; and
191	191
192	192	(7) Other material facts relevant to the sale.
193	193
194	194	Sec. 12. (NEW) (Effective October 1, 2013) In applying and construing the provisions of the Uniform Partition of Heirs Property Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact said act.
195	195
196	196	Sec. 13. (NEW) (Effective October 1, 2013) The provisions of sections 1 to 12, inclusive, of this act, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC Section 7003(b).
197	197
198	198	Sec. 14. (NEW) (Effective October 1, 2013) The provisions of sections 14 to 32, inclusive, of this act may be cited as the Uniform Real Property Transfer on Death Act.
199	199
200	200	Sec. 15. (NEW) (Effective October 1, 2013) As used in sections 14 to 32, inclusive, of this act:
201	201
202	202	(1) "Beneficiary" means a person that receives property under a transfer on death deed;
203	203
204	204	(2) "Designated beneficiary" means a person designated to receive property in a transfer on death deed;
205	205
206	206	(3) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant and tenant by the entirety. The term does not include a tenant in common;
207	207
208	208	(4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity;
209	209
210	210	(5) "Property" means an interest in real property located in this state which is transferable on the death of the owner;
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212	212	(6) "Transfer on death deed" means a deed authorized under sections 14 to 32, inclusive, of this act; and
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214	214	(7) "Transferor" means an individual who makes a transfer on death deed.
215	215
216	216	Sec. 16. (NEW) (Effective October 1, 2013) The provisions of sections 14 to 32, inclusive, of this act apply to a transfer on death deed made before, on, or after October 1, 2013, by a transferor dying on or after October 1, 2013.
217	217
218	218	Sec. 17. (NEW) (Effective October 1, 2013) The provisions of sections 14 to 32, inclusive, of this act do not affect any method of transferring property otherwise permitted under the law of this state.
219	219
220	220	Sec. 18. (NEW) (Effective October 1, 2013) An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.
221	221
222	222	Sec. 19. (NEW) (Effective October 1, 2013) A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
223	223
224	224	Sec. 20. (NEW) (Effective October 1, 2013) A transfer on death deed is nontestamentary.
225	225
226	226	Sec. 21. (NEW) (Effective October 1, 2013) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
227	227
228	228	Sec. 22. (NEW) (Effective October 1, 2013) A transfer on death deed shall: (1) Contain the essential elements and formalities of a properly recordable inter vivos deed, except that the transfer on death deed shall state that the transfer to the designated beneficiary is to occur at the transferor's death; and (2) be recorded before the transferor's death in the public records in the office of the town clerk of the town where the property is located.
229	229
230	230	Sec. 23. (NEW) (Effective October 1, 2013) A transfer on death deed shall be effective without: (1) Notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (2) consideration.
231	231
232	232	Sec. 24. (NEW) (Effective October 1, 2013) (a) Subject to the provisions of subsection (b) of this section, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument is:
233	233
234	234	(1) One of the following: (A) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency; (B) an instrument of revocation that expressly revokes the deed or part of the deed; or (C) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and
235	235
236	236	(2) Acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the town clerk of the town where the deed is recorded.
237	237
238	238	(b) If a transfer on death deed is made by more than one transferor: (1) Revocation by a transferor does not affect the deed as to the interest of another transferor; and (2) a deed of joint owners is revoked only if it is revoked by all of the living joint owners.
239	239
240	240	(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
241	241
242	242	(d) The provisions of this section do not limit the effect of an inter vivos transfer of the property.
243	243
244	244	Sec. 25. (NEW) (Effective October 1, 2013) During a transferor's life, a transfer on death deed does not:
245	245
246	246	(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
247	247
248	248	(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
249	249
250	250	(3) Affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;
251	251
252	252	(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;
253	253
254	254	(5) Create a legal or equitable interest in favor of the designated beneficiary; or
255	255
256	256	(6) Subject the property to claims or process of a creditor of the designated beneficiary.
257	257
258	258	Sec. 26. (NEW) (Effective October 1, 2013) (a) Except as provided in the transfer on death deed, this section, or in section 45a-257c, 45a-336, 45a-440, 45a-441 or 45a-447 of the general statutes, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:
259	259
260	260	(1) Subject to the provisions of subdivision (2) of this subsection, the interest in the property is transferred to the designated beneficiary in accordance with the deed.
261	261
262	262	(2) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.
263	263
264	264	(3) Subject to the provisions of subdivision (4) of this subsection, concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.
265	265
266	266	(4) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.
267	267
268	268	(b) Subject to the provisions of section 47-10 of the general statutes, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens and other interests to which the property is subject at the transferor's death. For purposes of this subsection and section 47-10 of the general statutes, the recording of the transfer on death deed is deemed to have occurred at the transferor's death.
269	269
270	270	(c) If a transferor is a joint owner and is: (1) Survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or (2) the last surviving joint owner, the transfer on death deed is effective.
271	271
272	272	(d) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
273	273
274	274	Sec. 27. (NEW) (Effective October 1, 2013) A beneficiary may disclaim all or part of the beneficiary's interest as provided by sections 45a-578 to 45a-585, inclusive, of the general statutes.
275	275
276	276	Sec. 28. (NEW) (Effective October 1, 2013) (a) To the extent the transferor's probate estate is insufficient to satisfy an allowed claim against the estate or a statutory allowance to a surviving spouse or child, the estate may enforce the liability against property transferred at the transferor's death by a transfer on death deed.
277	277
278	278	(b) If more than one property is transferred by one or more transfer on death deeds, the liability under subsection (a) of this section is apportioned among the properties in proportion to their net values at the transferor's death.
279	279
280	280	(c) A proceeding to enforce the liability under this section shall be commenced not later than eighteen months after the date of the transferor's death.
281	281
282	282	Sec. 29. (NEW) (Effective October 1, 2013) The following form may be used to create a transfer on death deed. Sections 14 to 32, inclusive, of this act govern the effect of this or any other instrument used to create a transfer on death deed:
283	283
284	284	(front of form)
285	285
286	286	REVOCABLE TRANSFER ON DEATH DEED
287	287
288	288	NOTICE TO OWNER
289	289
290	290	You should carefully read all information on the other side of this form. You May Want to Consult a Lawyer Before Using This Form.
291	291
292	292	This form must be recorded before your death, or it will not be effective.
293	293
294	294
295	295
296	296
297	297	T1 IDENTIFYING INFORMATION
298	298	T2 Owner or Owners Making This Deed:
299	299	T3 …. Printed name …. Mailing address
300	300	T4 …. Printed name …. Mailing address
301	301	T5 Legal description of the property: ….
302	302	T6 PRIMARY BENEFICIARY
303	303	T7 I designate the following beneficiary if the beneficiary survives me.
304	304	T8 …. …. Printed name Mailing address, if available
305	305	T9 ALTERNATE BENEFICIARY – Optional
306	306	T10 If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.
307	307	T11 …. …. Printed name Mailing address, if available
308	308	T12 TRANSFER ON DEATH
309	309	T13 At my death, I transfer my interest in the described property to the beneficiaries as designated above.
310	310	T14 Before my death, I have the right to revoke this deed.
311	311	T15 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
312	312	T16 …. Signature [(SEAL)]…. Date
313	313	T17 …. Signature [(SEAL)]…. Date
314	314	T18 ACKNOWLEDGMENT
315	315	T19 (insert acknowledgment for deed here)
316	316
317	317	T1
318	318
319	319	IDENTIFYING INFORMATION
320	320
321	321	T2
322	322
323	323	Owner or Owners Making This Deed:
324	324
325	325	T3
326	326
327	327	….
328	328
329	329	Printed name
330	330
331	331	….
332	332
333	333	Mailing address
334	334
335	335	T4
336	336
337	337	….
338	338
339	339	Printed name
340	340
341	341	….
342	342
343	343	Mailing address
344	344
345	345	T5
346	346
347	347	Legal description of the property:
348	348
349	349	….
350	350
351	351	T6
352	352
353	353	PRIMARY BENEFICIARY
354	354
355	355	T7
356	356
357	357	I designate the following beneficiary if the beneficiary survives me.
358	358
359	359	T8
360	360
361	361	…. ….
362	362
363	363	Printed name Mailing address, if available
364	364
365	365	T9
366	366
367	367	ALTERNATE BENEFICIARY – Optional
368	368
369	369	T10
370	370
371	371	If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.
372	372
373	373	T11
374	374
375	375	…. ….
376	376
377	377	Printed name Mailing address, if available
378	378
379	379	T12
380	380
381	381	TRANSFER ON DEATH
382	382
383	383	T13
384	384
385	385	At my death, I transfer my interest in the described property to the beneficiaries as designated above.
386	386
387	387	T14
388	388
389	389	Before my death, I have the right to revoke this deed.
390	390
391	391	T15
392	392
393	393	SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
394	394
395	395	T16
396	396
397	397	….
398	398
399	399	Signature
400	400
401	401	[(SEAL)]….
402	402
403	403	Date
404	404
405	405	T17
406	406
407	407	….
408	408
409	409	Signature
410	410
411	411	[(SEAL)]….
412	412
413	413	Date
414	414
415	415	T18
416	416
417	417	ACKNOWLEDGMENT
418	418
419	419	T19
420	420
421	421	(insert acknowledgment for deed here)
422	422
423	423	(back of form)
424	424
425	425	COMMON QUESTIONS ABOUT THE USE OF THIS FORM
426	426
427	427	What does the Transfer on Death (TOD) deed do? When you die, this deed transfers the described property, subject to any liens or mortgages (or other encumbrances) on the property at your death. Probate is not required. The TOD deed has no effect until you die. You can revoke it at any time. You are also free to transfer the property to someone else during your lifetime. If you do not own any interest in the property when you die, this deed will have no effect.
428	428
429	429	How do I make a TOD deed? Complete this form. Have it acknowledged before a notary public or other individual authorized by law to take acknowledgments. Record the form in each town where any part of the property is located. The form has no effect unless it is acknowledged and recorded before your death.
430	430
431	431	Is the "legal description" of the property necessary? Yes.
432	432
433	433	How do I find the "legal description" of the property? This information may be on the deed you received when you became an owner of the property. This information may also be available in the office of the town clerk for the town where the property is located. If you are not absolutely sure, consult a lawyer.
434	434
435	435	Can I change my mind before I record the TOD deed? Yes. If you have not yet recorded the deed and want to change your mind, simply tear up or otherwise destroy the deed.
436	436
437	437	How do I "record" the TOD deed? Take the completed and acknowledged form to the office of the town clerk of the town where the property is located. Follow the instructions given by the town clerk to make the form part of the official property records. If the property is in more than one town, you should record the deed in each town.
438	438
439	439	Can I later revoke the TOD deed if I change my mind? Yes. You can revoke the TOD deed. No one, including the beneficiaries, can prevent you from revoking the deed.
440	440
441	441	How do I revoke the TOD deed after it is recorded? There are three ways to revoke a recorded TOD deed: (1) Complete and acknowledge a revocation form, and record it in each town where the property is located. (2) Complete and acknowledge a new TOD deed that disposes of the same property, and record it in each town where the property is located. (3) Transfer the property to someone else during your lifetime by a recorded deed that expressly revokes the TOD deed. You may not revoke the TOD deed by will.
442	442
443	443	I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.
444	444
445	445	Do I need to tell the beneficiaries about the TOD deed? No, but it is recommended. Secrecy can cause later complications and might make it easier for others to commit fraud.
446	446
447	447	I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, you are encouraged to consult a lawyer.
448	448
449	449	Sec. 30. (NEW) (Effective October 1, 2013) The following form may be used to create an instrument of revocation under section 24 of this act. Sections 14 to 32, inclusive, of this act govern the effect of this or any other instrument used to revoke a transfer on death deed.
450	450
451	451	(front of form)
452	452
453	453	REVOCATION OF TRANSFER ON DEATH DEED
454	454
455	455
456	456
457	457
458	458	T20 NOTICE TO OWNER
459	459	T21 This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.
460	460	T22 IDENTIFYING INFORMATION
461	461	T23 Owner or Owners of Property Making This Revocation:
462	462	T24 …. Printed name …. Mailing address
463	463	T25 …. Printed name …. Mailing address
464	464	T26 Legal description of the property: ….
465	465	T27 REVOCATION
466	466	T28 I revoke all my previous transfers of this property by transfer on death deed.
467	467	T29 SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
468	468	T30 …. Signature [(SEAL)]…. Date
469	469	T31 …. Signature [(SEAL)]…. Date
470	470	T32 ACKNOWLEDGMENT
471	471	T33 (insert acknowledgment here)
472	472
473	473	T20
474	474
475	475	NOTICE TO OWNER
476	476
477	477	T21
478	478
479	479	This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.
480	480
481	481	T22
482	482
483	483	IDENTIFYING INFORMATION
484	484
485	485	T23
486	486
487	487	Owner or Owners of Property Making This Revocation:
488	488
489	489	T24
490	490
491	491	….
492	492
493	493	Printed name
494	494
495	495	….
496	496
497	497	Mailing address
498	498
499	499	T25
500	500
501	501	….
502	502
503	503	Printed name
504	504
505	505	….
506	506
507	507	Mailing address
508	508
509	509	T26
510	510
511	511	Legal description of the property:
512	512
513	513	….
514	514
515	515	T27
516	516
517	517	REVOCATION
518	518
519	519	T28
520	520
521	521	I revoke all my previous transfers of this property by transfer on death deed.
522	522
523	523	T29
524	524
525	525	SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
526	526
527	527	T30
528	528
529	529	….
530	530
531	531	Signature
532	532
533	533	[(SEAL)]….
534	534
535	535	Date
536	536
537	537	T31
538	538
539	539	….
540	540
541	541	Signature
542	542
543	543	[(SEAL)]….
544	544
545	545	Date
546	546
547	547	T32
548	548
549	549	ACKNOWLEDGMENT
550	550
551	551	T33
552	552
553	553	(insert acknowledgment here)
554	554
555	555	(back of form)
556	556
557	557	COMMON QUESTIONS ABOUT THE USE OF THIS FORM
558	558
559	559	How do I use this form to revoke a Transfer on Death (TOD) deed? Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the public records in the office of the town clerk of each town where the property is located. The form must be acknowledged and recorded before your death or it has no effect.
560	560
561	561	How do I find the "legal description" of the property? This information may be on the TOD deed. It may also be available in the office of the town clerk for the town where the property is located. If you are not absolutely sure, consult a lawyer.
562	562
563	563	How do I "record" the form? Take the completed and acknowledged form to the office of the town clerk of the town where the property is located. Follow the instructions given by the town clerk to make the form part of the official property records. If the property is located in more than one town, you should record the form in each of those towns.
564	564
565	565	I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.
566	566
567	567	I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, consult a lawyer.
568	568
569	569	Sec. 31. (NEW) (Effective October 1, 2013) In applying and construing the provisions of the Uniform Real Property Transfer on Death Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact said act.
570	570
571	571	Sec. 32. (NEW) (Effective October 1, 2013) The provisions of sections 14 to 31, inclusive, of this act modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC Section 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC Section 7003(b).
572	572
573	573	Sec. 33. Subsection (d) of section 1-43 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
574	574
575	575	(d) (1) The principal may indicate that a power of attorney duly acknowledged in accordance with this section shall take effect upon the occurrence of a specified contingency, including a date certain or the occurrence of an event, provided that an agent designated by the principal executes a written affidavit in accordance with section 1-56h that such contingency has occurred.
576	576
577	577	(2) The principal may indicate the circumstance, exclusive means of revocation or date certain upon which the power of attorney shall cease to be effective.
578	578
579	579
580	580
581	581
582	582	This act shall take effect as follows and shall amend the following sections:
583	583	Section 1 October 1, 2013 New section
584	584	Sec. 2 October 1, 2013 New section
585	585	Sec. 3 October 1, 2013 New section
586	586	Sec. 4 October 1, 2013 New section
587	587	Sec. 5 October 1, 2013 New section
588	588	Sec. 6 October 1, 2013 New section
589	589	Sec. 7 October 1, 2013 New section
590	590	Sec. 8 October 1, 2013 New section
591	591	Sec. 9 October 1, 2013 New section
592	592	Sec. 10 October 1, 2013 New section
593	593	Sec. 11 October 1, 2013 New section
594	594	Sec. 12 October 1, 2013 New section
595	595	Sec. 13 October 1, 2013 New section
596	596	Sec. 14 October 1, 2013 New section
597	597	Sec. 15 October 1, 2013 New section
598	598	Sec. 16 October 1, 2013 New section
599	599	Sec. 17 October 1, 2013 New section
600	600	Sec. 18 October 1, 2013 New section
601	601	Sec. 19 October 1, 2013 New section
602	602	Sec. 20 October 1, 2013 New section
603	603	Sec. 21 October 1, 2013 New section
604	604	Sec. 22 October 1, 2013 New section
605	605	Sec. 23 October 1, 2013 New section
606	606	Sec. 24 October 1, 2013 New section
607	607	Sec. 25 October 1, 2013 New section
608	608	Sec. 26 October 1, 2013 New section
609	609	Sec. 27 October 1, 2013 New section
610	610	Sec. 28 October 1, 2013 New section
611	611	Sec. 29 October 1, 2013 New section
612	612	Sec. 30 October 1, 2013 New section
613	613	Sec. 31 October 1, 2013 New section
614	614	Sec. 32 October 1, 2013 New section
615	615	Sec. 33 October 1, 2013 1-43(d)
616	616
617	617	This act shall take effect as follows and shall amend the following sections:
618	618
619	619	Section 1
620	620
621	621	October 1, 2013
622	622
623	623	New section
624	624
625	625	Sec. 2
626	626
627	627	October 1, 2013
628	628
629	629	New section
630	630
631	631	Sec. 3
632	632
633	633	October 1, 2013
634	634
635	635	New section
636	636
637	637	Sec. 4
638	638
639	639	October 1, 2013
640	640
641	641	New section
642	642
643	643	Sec. 5
644	644
645	645	October 1, 2013
646	646
647	647	New section
648	648
649	649	Sec. 6
650	650
651	651	October 1, 2013
652	652
653	653	New section
654	654
655	655	Sec. 7
656	656
657	657	October 1, 2013
658	658
659	659	New section
660	660
661	661	Sec. 8
662	662
663	663	October 1, 2013
664	664
665	665	New section
666	666
667	667	Sec. 9
668	668
669	669	October 1, 2013
670	670
671	671	New section
672	672
673	673	Sec. 10
674	674
675	675	October 1, 2013
676	676
677	677	New section
678	678
679	679	Sec. 11
680	680
681	681	October 1, 2013
682	682
683	683	New section
684	684
685	685	Sec. 12
686	686
687	687	October 1, 2013
688	688
689	689	New section
690	690
691	691	Sec. 13
692	692
693	693	October 1, 2013
694	694
695	695	New section
696	696
697	697	Sec. 14
698	698
699	699	October 1, 2013
700	700
701	701	New section
702	702
703	703	Sec. 15
704	704
705	705	October 1, 2013
706	706
707	707	New section
708	708
709	709	Sec. 16
710	710
711	711	October 1, 2013
712	712
713	713	New section
714	714
715	715	Sec. 17
716	716
717	717	October 1, 2013
718	718
719	719	New section
720	720
721	721	Sec. 18
722	722
723	723	October 1, 2013
724	724
725	725	New section
726	726
727	727	Sec. 19
728	728
729	729	October 1, 2013
730	730
731	731	New section
732	732
733	733	Sec. 20
734	734
735	735	October 1, 2013
736	736
737	737	New section
738	738
739	739	Sec. 21
740	740
741	741	October 1, 2013
742	742
743	743	New section
744	744
745	745	Sec. 22
746	746
747	747	October 1, 2013
748	748
749	749	New section
750	750
751	751	Sec. 23
752	752
753	753	October 1, 2013
754	754
755	755	New section
756	756
757	757	Sec. 24
758	758
759	759	October 1, 2013
760	760
761	761	New section
762	762
763	763	Sec. 25
764	764
765	765	October 1, 2013
766	766
767	767	New section
768	768
769	769	Sec. 26
770	770
771	771	October 1, 2013
772	772
773	773	New section
774	774
775	775	Sec. 27
776	776
777	777	October 1, 2013
778	778
779	779	New section
780	780
781	781	Sec. 28
782	782
783	783	October 1, 2013
784	784
785	785	New section
786	786
787	787	Sec. 29
788	788
789	789	October 1, 2013
790	790
791	791	New section
792	792
793	793	Sec. 30
794	794
795	795	October 1, 2013
796	796
797	797	New section
798	798
799	799	Sec. 31
800	800
801	801	October 1, 2013
802	802
803	803	New section
804	804
805	805	Sec. 32
806	806
807	807	October 1, 2013
808	808
809	809	New section
810	810
811	811	Sec. 33
812	812
813	813	October 1, 2013
814	814
815	815	1-43(d)