Connecticut 2016 Regular Session

Connecticut Senate Bill SB00117 Compare Versions

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

Old	New	Differences
1	1	General Assembly Raised Bill No. 117
2	2	February Session, 2016 LCO No. 1236
3	3	01236_______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. 117
11	11
12	12	February Session, 2016
13	13
14	14	LCO No. 1236
15	15
16	16	01236_______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 ADOPTION OF THE UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT.
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, 2016) The provisions of sections 1 to 19, inclusive, of this act may be cited as the Uniform Real Property Transfer on Death Act.
29	29
30	30	Sec. 2. (NEW) (Effective October 1, 2016) As used in sections 1 to 19, inclusive, of this act:
31	31
32	32	(1) "Beneficiary" means a person that receives property under a transfer on death deed;
33	33
34	34	(2) "Designated beneficiary" means a person designated to receive property in a transfer on death deed;
35	35
36	36	(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;
37	37
38	38	(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;
39	39
40	40	(5) "Property" means an interest in real property located in this state which is transferable on the death of the owner;
41	41
42	42	(6) "Transfer on death deed" means a deed authorized under sections 1 to 19, inclusive, of this act; and
43	43
44	44	(7) "Transferor" means an individual who makes a transfer on death deed.
45	45
46	46	Sec. 3. (NEW) (Effective October 1, 2016) The provisions of sections 1 to 19, inclusive, of this act apply to a transfer on death deed made before, on, or after October 1, 2016, by a transferor dying on or after October 1, 2016.
47	47
48	48	Sec. 4. (NEW) (Effective October 1, 2016) The provisions of sections 1 to 19, inclusive, of this act do not affect any method of transferring property otherwise permitted under the law of this state.
49	49
50	50	Sec. 5. (NEW) (Effective October 1, 2016) An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.
51	51
52	52	Sec. 6. (NEW) (Effective October 1, 2016) A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.
53	53
54	54	Sec. 7. (NEW) (Effective October 1, 2016) A transfer on death deed is nontestamentary.
55	55
56	56	Sec. 8. (NEW) (Effective October 1, 2016) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.
57	57
58	58	Sec. 9. (NEW) (Effective October 1, 2016) 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.
59	59
60	60	Sec. 10. (NEW) (Effective October 1, 2016) 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.
61	61
62	62	Sec. 11. (NEW) (Effective October 1, 2016) (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:
63	63
64	64	(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
65	65
66	66	(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.
67	67
68	68	(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.
69	69
70	70	(c) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
71	71
72	72	(d) The provisions of this section do not limit the effect of an inter vivos transfer of the property.
73	73
74	74	Sec. 12. (NEW) (Effective October 1, 2016) During a transferor's life, a transfer on death deed does not:
75	75
76	76	(1) Affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;
77	77
78	78	(2) Affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;
79	79
80	80	(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;
81	81
82	82	(4) Affect the transferor's or designated beneficiary's eligibility for any form of public assistance;
83	83
84	84	(5) Create a legal or equitable interest in favor of the designated beneficiary; or
85	85
86	86	(6) Subject the property to claims or process of a creditor of the designated beneficiary.
87	87
88	88	Sec. 13. (NEW) (Effective October 1, 2016) (a) Except as provided in the transfer on death deed, this section, or in section 45a-257c, 45a-436, 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:
89	89
90	90	(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.
91	91
92	92	(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.
93	93
94	94	(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.
95	95
96	96	(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.
97	97
98	98	(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.
99	99
100	100	(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.
101	101
102	102	(d) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.
103	103
104	104	Sec. 14. (NEW) (Effective October 1, 2016) 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.
105	105
106	106	Sec. 15. (NEW) (Effective October 1, 2016) (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.
107	107
108	108	(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.
109	109
110	110	(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.
111	111
112	112	Sec. 16. (NEW) (Effective October 1, 2016) The following form may be used to create a transfer on death deed. Sections 1 to 19, inclusive, of this act govern the effect of this or any other instrument used to create a transfer on death deed:
113	113
114	114	(front of form)
115	115
116	116	REVOCABLE TRANSFER ON DEATH DEED
117	117
118	118	NOTICE TO OWNER
119	119
120	120	You should carefully read all information on the other side of this form. You May Want to Consult a Lawyer Before Using This Form.
121	121
122	122	This form must be recorded before your death, or it will not be effective.
123	123
124	124
125	125
126	126
127	127	T1 IDENTIFYING INFORMATION
128	128	T2 Owner or Owners Making This Deed:
129	129	T3 …. Printed name …. Mailing address
130	130	T4 …. Printed name …. Mailing address
131	131	T5 Legal description of the property: ….
132	132	T6 PRIMARY BENEFICIARY
133	133	T7 I designate the following beneficiary if the beneficiary survives me.
134	134	T8 …. …. Printed name Mailing address, if available
135	135	T9 ALTERNATE BENEFICIARY – Optional
136	136	T10 If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.
137	137	T11 …. …. Printed name Mailing address, if available
138	138	T12 TRANSFER ON DEATH
139	139	T13 At my death, I transfer my interest in the described property to the beneficiaries as designated above.
140	140	T14 Before my death, I have the right to revoke this deed.
141	141	T15 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
142	142	T16 …. Signature [(SEAL)]…. Date
143	143	T17 …. Signature [(SEAL)]…. Date
144	144	T18 ACKNOWLEDGMENT
145	145	T19 (insert acknowledgment for deed here)
146	146
147	147	T1
148	148
149	149	IDENTIFYING INFORMATION
150	150
151	151	T2
152	152
153	153	Owner or Owners Making This Deed:
154	154
155	155	T3
156	156
157	157	….
158	158
159	159	Printed name
160	160
161	161	….
162	162
163	163	Mailing address
164	164
165	165	T4
166	166
167	167	….
168	168
169	169	Printed name
170	170
171	171	….
172	172
173	173	Mailing address
174	174
175	175	T5
176	176
177	177	Legal description of the property:
178	178
179	179	….
180	180
181	181	T6
182	182
183	183	PRIMARY BENEFICIARY
184	184
185	185	T7
186	186
187	187	I designate the following beneficiary if the beneficiary survives me.
188	188
189	189	T8
190	190
191	191	…. ….
192	192
193	193	Printed name Mailing address, if available
194	194
195	195	T9
196	196
197	197	ALTERNATE BENEFICIARY – Optional
198	198
199	199	T10
200	200
201	201	If my primary beneficiary does not survive me, I designate the following alternate beneficiary if that beneficiary survives me.
202	202
203	203	T11
204	204
205	205	…. ….
206	206
207	207	Printed name Mailing address, if available
208	208
209	209	T12
210	210
211	211	TRANSFER ON DEATH
212	212
213	213	T13
214	214
215	215	At my death, I transfer my interest in the described property to the beneficiaries as designated above.
216	216
217	217	T14
218	218
219	219	Before my death, I have the right to revoke this deed.
220	220
221	221	T15
222	222
223	223	SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
224	224
225	225	T16
226	226
227	227	….
228	228
229	229	Signature
230	230
231	231	[(SEAL)]….
232	232
233	233	Date
234	234
235	235	T17
236	236
237	237	….
238	238
239	239	Signature
240	240
241	241	[(SEAL)]….
242	242
243	243	Date
244	244
245	245	T18
246	246
247	247	ACKNOWLEDGMENT
248	248
249	249	T19
250	250
251	251	(insert acknowledgment for deed here)
252	252
253	253	(back of form)
254	254
255	255	COMMON QUESTIONS ABOUT THE USE OF THIS FORM
256	256
257	257	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.
258	258
259	259	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.
260	260
261	261	Is the "legal description" of the property necessary? Yes.
262	262
263	263	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.
264	264
265	265	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.
266	266
267	267	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.
268	268
269	269	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.
270	270
271	271	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.
272	272
273	273	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.
274	274
275	275	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.
276	276
277	277	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.
278	278
279	279	Sec. 17. (NEW) (Effective October 1, 2016) The following form may be used to create an instrument of revocation under section 11 of this act. Sections 1 to 19, inclusive, of this act govern the effect of this or any other instrument used to revoke a transfer on death deed.
280	280
281	281	(front of form)
282	282
283	283	REVOCATION OF TRANSFER ON DEATH DEED
284	284
285	285
286	286
287	287
288	288	T20 NOTICE TO OWNER
289	289	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.
290	290	T22 IDENTIFYING INFORMATION
291	291	T23 Owner or Owners of Property Making This Revocation:
292	292	T24 …. Printed name …. Mailing address
293	293	T25 …. Printed name …. Mailing address
294	294	T26 Legal description of the property: ….
295	295	T27 REVOCATION
296	296	T28 I revoke all my previous transfers of this property by transfer on death deed.
297	297	T29 SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
298	298	T30 …. Signature [(SEAL)]…. Date
299	299	T31 …. Signature [(SEAL)]…. Date
300	300	T32 ACKNOWLEDGMENT
301	301	T33 (insert acknowledgment here)
302	302
303	303	T20
304	304
305	305	NOTICE TO OWNER
306	306
307	307	T21
308	308
309	309	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.
310	310
311	311	T22
312	312
313	313	IDENTIFYING INFORMATION
314	314
315	315	T23
316	316
317	317	Owner or Owners of Property Making This Revocation:
318	318
319	319	T24
320	320
321	321	….
322	322
323	323	Printed name
324	324
325	325	….
326	326
327	327	Mailing address
328	328
329	329	T25
330	330
331	331	….
332	332
333	333	Printed name
334	334
335	335	….
336	336
337	337	Mailing address
338	338
339	339	T26
340	340
341	341	Legal description of the property:
342	342
343	343	….
344	344
345	345	T27
346	346
347	347	REVOCATION
348	348
349	349	T28
350	350
351	351	I revoke all my previous transfers of this property by transfer on death deed.
352	352
353	353	T29
354	354
355	355	SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
356	356
357	357	T30
358	358
359	359	….
360	360
361	361	Signature
362	362
363	363	[(SEAL)]….
364	364
365	365	Date
366	366
367	367	T31
368	368
369	369	….
370	370
371	371	Signature
372	372
373	373	[(SEAL)]….
374	374
375	375	Date
376	376
377	377	T32
378	378
379	379	ACKNOWLEDGMENT
380	380
381	381	T33
382	382
383	383	(insert acknowledgment here)
384	384
385	385	(back of form)
386	386
387	387	COMMON QUESTIONS ABOUT THE USE OF THIS FORM
388	388
389	389	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.
390	390
391	391	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.
392	392
393	393	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.
394	394
395	395	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.
396	396
397	397	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.
398	398
399	399	Sec. 18. (NEW) (Effective October 1, 2016) 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.
400	400
401	401	Sec. 19. (NEW) (Effective October 1, 2016) The provisions of sections 1 to 19, inclusive, of this act modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC Section 7003(b).
402	402
403	403
404	404
405	405
406	406	This act shall take effect as follows and shall amend the following sections:
407	407	Section 1 October 1, 2016 New section
408	408	Sec. 2 October 1, 2016 New section
409	409	Sec. 3 October 1, 2016 New section
410	410	Sec. 4 October 1, 2016 New section
411	411	Sec. 5 October 1, 2016 New section
412	412	Sec. 6 October 1, 2016 New section
413	413	Sec. 7 October 1, 2016 New section
414	414	Sec. 8 October 1, 2016 New section
415	415	Sec. 9 October 1, 2016 New section
416	416	Sec. 10 October 1, 2016 New section
417	417	Sec. 11 October 1, 2016 New section
418	418	Sec. 12 October 1, 2016 New section
419	419	Sec. 13 October 1, 2016 New section
420	420	Sec. 14 October 1, 2016 New section
421	421	Sec. 15 October 1, 2016 New section
422	422	Sec. 16 October 1, 2016 New section
423	423	Sec. 17 October 1, 2016 New section
424	424	Sec. 18 October 1, 2016 New section
425	425	Sec. 19 October 1, 2016 New section
426	426
427	427	This act shall take effect as follows and shall amend the following sections:
428	428
429	429	Section 1
430	430
431	431	October 1, 2016
432	432
433	433	New section
434	434
435	435	Sec. 2
436	436
437	437	October 1, 2016
438	438
439	439	New section
440	440
441	441	Sec. 3
442	442
443	443	October 1, 2016
444	444
445	445	New section
446	446
447	447	Sec. 4
448	448
449	449	October 1, 2016
450	450
451	451	New section
452	452
453	453	Sec. 5
454	454
455	455	October 1, 2016
456	456
457	457	New section
458	458
459	459	Sec. 6
460	460
461	461	October 1, 2016
462	462
463	463	New section
464	464
465	465	Sec. 7
466	466
467	467	October 1, 2016
468	468
469	469	New section
470	470
471	471	Sec. 8
472	472
473	473	October 1, 2016
474	474
475	475	New section
476	476
477	477	Sec. 9
478	478
479	479	October 1, 2016
480	480
481	481	New section
482	482
483	483	Sec. 10
484	484
485	485	October 1, 2016
486	486
487	487	New section
488	488
489	489	Sec. 11
490	490
491	491	October 1, 2016
492	492
493	493	New section
494	494
495	495	Sec. 12
496	496
497	497	October 1, 2016
498	498
499	499	New section
500	500
501	501	Sec. 13
502	502
503	503	October 1, 2016
504	504
505	505	New section
506	506
507	507	Sec. 14
508	508
509	509	October 1, 2016
510	510
511	511	New section
512	512
513	513	Sec. 15
514	514
515	515	October 1, 2016
516	516
517	517	New section
518	518
519	519	Sec. 16
520	520
521	521	October 1, 2016
522	522
523	523	New section
524	524
525	525	Sec. 17
526	526
527	527	October 1, 2016
528	528
529	529	New section
530	530
531	531	Sec. 18
532	532
533	533	October 1, 2016
534	534
535	535	New section
536	536
537	537	Sec. 19
538	538
539	539	October 1, 2016
540	540
541	541	New section
542	542
543	543	Statement of Purpose:
544	544
545	545	To adopt the Uniform Real Property Transfer on Death Act.
546	546
547	547	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]