| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | General Assembly Raised Bill No. 993 | |
| 2 | 2 | January Session, 2017 LCO No. 5076 | |
| 3 | - | *_____ | |
| 3 | + | *05076_______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. 993 | |
| 11 | 11 | ||
| 12 | 12 | January Session, 2017 | |
| 13 | 13 | ||
| 14 | 14 | LCO No. 5076 | |
| 15 | 15 | ||
| 16 | - | *_____ | |
| 16 | + | *05076_______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 TRANSFERS OF AN INTEREST IN REAL PROPERTY MADE BY A TRUST OR TRUSTEE. | |
| 25 | 25 | ||
| 26 | 26 | Be it enacted by the Senate and House of Representatives in General Assembly convened: | |
| 27 | 27 | ||
| 28 | 28 | Section 1. Section 47-36bb of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017): | |
| 29 | 29 | ||
| 30 | 30 | [Any conveyance of an interest in land to a trust rather than the trustee or trustees of the trust shall constitute a valid and enforceable transfer of that interest. Any conveyance by the trust, which conveyance is signed by a duly authorized trustee of such trust, shall be treated as if the conveyance was made by the trustee.] | |
| 31 | 31 | ||
| 32 | 32 | (a) As used in this section, "trust" means a trust created by a natural person during the person's lifetime or in the person's last will and testament duly admitted to probate. | |
| 33 | 33 | ||
| 34 | 34 | (b) Any transfer of an interest in real property to a trust, rather than to the trustee or trustees of the trust, shall constitute a valid and enforceable transfer of such interest. | |
| 35 | 35 | ||
| 36 | - | (c) Any subsequent transfer of such interest in real property, or any portion or part thereof (1) made by the trust and executed by a duly authorized trustee of the trust, shall be treated as if the transfer | |
| 36 | + | (c) Any subsequent transfer of such interest in real property, or any portion or part thereof (1) made by the trust and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by such duly authorized trustee, or (2) made and executed by a duly authorized trustee of the trust, shall be treated as if the transfer was made by the trust. | |
| 37 | 37 | ||
| 38 | 38 | (d) Any instrument whose grantor, grantee, releasor, releasee, assignor, assignee, transferor or transferee is a trust shall be indexed by the town clerk in the name of the trust identified in such instrument and also in the name or names of all trustees identified in such instrument. | |
| 39 | 39 | ||
| 40 | 40 | (e) With respect to any instrument that has been recorded in the land records and whose grantor, releasor, assignor or transferor is a trust, it shall be presumed, in the absence of evidence in the land records indicating otherwise, that the (1) person who executed such instrument on the trust's behalf was duly authorized to so act, and (2) trust on whose behalf such person acted contained a provision conferring upon the trustee or trustees, the power to convey an interest in real property. | |
| 41 | 41 | ||
| 42 | 42 | ||
| 43 | 43 | ||
| 44 | 44 | ||
| 45 | 45 | This act shall take effect as follows and shall amend the following sections: | |
| 46 | 46 | Section 1 October 1, 2017 47-36bb | |
| 47 | 47 | ||
| 48 | 48 | This act shall take effect as follows and shall amend the following sections: | |
| 49 | 49 | ||
| 50 | 50 | Section 1 | |
| 51 | 51 | ||
| 52 | 52 | October 1, 2017 | |
| 53 | 53 | ||
| 54 | 54 | 47-36bb | |
| 55 | 55 | ||
| 56 | + | Statement of Purpose: | |
| 56 | 57 | ||
| 58 | + | To ensure the validity of transfers of an interest in real property made by, or to, trusts and trustees. | |
| 57 | 59 | ||
| 58 | - | JUD Joint Favorable | |
| 59 | - | ||
| 60 | - | JUD | |
| 61 | - | ||
| 62 | - | Joint Favorable | |
| 60 | + | [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.] |