Connecticut 2020 Regular Session

Connecticut House Bill HB05209 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	5		General Assembly Raised Bill No. 5209
8	6		February Session, 2020
9	7		LCO No. 1334
10	8
11	9
12	10		Referred to Committee on AGING
13	11
14	12
15	13		Introduced by:
16	14		(AGE)
17		-
18	15
19	16
20	17		AN ACT CONCERNING TH E ADOPTION OF THE UNIFORM REAL
21	18		PROPERTY TRANSFER ON DEATH ACT.
22	19		Be it enacted by the Senate and House of Representatives in General
23	20		Assembly convened:
24	21
25	22		Section 1. (NEW) (Effective October 1, 2020) The provisions of this 1
26	23		section and sections 2 to 19, inclusive, of this act may be cited as the 2
27	24		Uniform Real Property Transfer on Death Act. 3
28	25		Sec. 2. (NEW) (Effective October 1, 2020) As used in sections 1 to 19, 4
29	26		inclusive, of this act: 5
30	27		(1) "Beneficiary" means a person that receives property under a 6
31	28		transfer on death deed; 7
32	29		(2) "Designated beneficiary" means a person designated to receive 8
33	30		property in a transfer on death deed; 9
34	31		(3) "Joint owner" means an individual who owns property 10
35	32		concurrently with one or more other individuals with a right of 11
36	33		survivorship. The term includes a joint tenant. The term does not 12
37		-	include a tenant in common; 13 Raised Bill No. 5209
	34	+	include a tenant in common; 13
	35	+	(4) "Person" means an individual, corporation, business trust, estate, 14 Raised Bill No. 5209
38	36
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44		-	(4) "Person" means an individual, corporation, business trust, estate, 14
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	40	+
45	41		trust, partnership, limited liability company, association, joint venture, 15
46	42		public corporation, government or governmental subdivision, agency 16
47	43		or instrumentality, or any other legal or commercial entity; 17
48	44		(5) "Property" means an interest in real property located in this state 18
49	45		which is transferable on the death of the owner; 19
50	46		(6) "Transfer on death deed" means a deed authorized under sections 20
51	47		1 to 19, inclusive, of this act; and 21
52	48		(7) "Transferor" means an individual who makes a transfer on death 22
53	49		deed. 23
54	50		Sec. 3. (NEW) (Effective October 1, 2020) The provisions of sections 1 24
55	51		to 19, inclusive, of this act apply to a transfer on death deed made before, 25
56	52		on or after October 1, 2020, by a transferor dying on or after October 1, 26
57	53		2020. 27
58	54		Sec. 4. (NEW) (Effective October 1, 2020) The provisions of sections 1 28
59	55		to 19, inclusive, of this act do not affect any method of transferring 29
60	56		property otherwise permitted under the law of this state. 30
61	57		Sec. 5. (NEW) (Effective October 1, 2020) An individual may transfer 31
62	58		property to one or more beneficiaries effective at the transferor's death 32
63	59		by a transfer on death deed. 33
64	60		Sec. 6. (NEW) (Effective October 1, 2020) A transfer on death deed is 34
65	61		revocable even if the deed or another instrument contains a contrary 35
66	62		provision. 36
67	63		Sec. 7. (NEW) (Effective October 1, 2020) A transfer on death deed is 37
68	64		nontestamentary. 38
69	65		Sec. 8. (NEW) (Effective October 1, 2020) The capacity required to make 39
70	66		or revoke a transfer on death deed is the same as the capacity required 40
71		-	to make a will. 41 Raised Bill No. 5209
	67	+	to make a will. 41
	68	+	Sec. 9. (NEW) (Effective October 1, 2020) A transfer on death deed shall: 42 Raised Bill No. 5209
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78		-	Sec. 9. (NEW) (Effective October 1, 2020) A transfer on death deed shall: 42
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	73	+
79	74		(1) Contain the essential elements and formalities of a properly 43
80	75		recordable inter vivos deed, except that the transfer on death deed shall 44
81	76		state that the transfer to the designated beneficiary is to occur at the 45
82	77		transferor's death; and (2) be recorded before the transferor's death in 46
83	78		the public records in the office of the town clerk of the town where the 47
84	79		property is located. 48
85	80		Sec. 10. (NEW) (Effective October 1, 2020) A transfer on death deed 49
86	81		shall be effective without: (1) Notice or delivery to or acceptance by the 50
87	82		designated beneficiary during the transferor's life; or (2) consideration. 51
88	83		Sec. 11. (NEW) (Effective October 1, 2020) (a) Subject to the provisions 52
89	84		of subsection (b) of this section, an instrument is effective to revoke a 53
90	85		recorded transfer on death deed, or any part of it, only if the instrument 54
91	86		is: 55
92	87		(1) One of the following: (A) A transfer on death deed that revokes 56
93	88		the deed or part of the deed expressly or by inconsistency; (B) an 57
94	89		instrument of revocation that expressly revokes the deed or part of the 58
95	90		deed; or (C) an inter vivos deed that expressly revokes the transfer on 59
96	91		death deed or part of the deed; and 60
97	92		(2) Acknowledged by the transferor after the acknowledgment of the 61
98	93		deed being revoked and recorded before the transferor's death in the 62
99	94		public records in the office of the town clerk of the town where the deed 63
100	95		is recorded. 64
101	96		(b) If a transfer on death deed is made by more than one transferor: 65
102	97		(1) Revocation by a transferor does not affect the deed as to the interest 66
103	98		of another transferor; and (2) a deed of joint owners is revoked only if it 67
104	99		is revoked by all of the living joint owners. 68
105	100		(c) After a transfer on death deed is recorded, it may not be revoked 69
106	101		by a revocatory act on the deed. 70
107		-	(d) The provisions of this section do not limit the effect of an inter 71 Raised Bill No. 5209
	102	+	(d) The provisions of this section do not limit the effect of an inter 71
	103	+	vivos transfer of the property. 72 Raised Bill No. 5209
108	104
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113	106
114		-	vivos transfer of the property. 72
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	108	+
115	109		Sec. 12. (NEW) (Effective October 1, 2020) During a transferor's life, a 73
116	110		transfer on death deed does not: 74
117	111		(1) Affect an interest or right of the transferor or any other owner, 75
118	112		including the right to transfer or encumber the property; 76
119	113		(2) Affect an interest or right of a transferee, even if the transferee has 77
120	114		actual or constructive notice of the deed; 78
121	115		(3) Affect an interest or right of a secured or unsecured creditor or 79
122	116		future creditor of the transferor, even if the creditor has actual or 80
123	117		constructive notice of the deed; 81
124	118		(4) Affect the transferor's or designated beneficiary's eligibility for 82
125	119		any form of public assistance; 83
126	120		(5) Create a legal or equitable interest in favor of the designated 84
127	121		beneficiary; or 85
128	122		(6) Subject the property to claims or process of a creditor of the 86
129	123		designated beneficiary. 87
130	124		Sec. 13. (NEW) (Effective October 1, 2020) (a) Except as provided in the 88
131	125		transfer on death deed, this section, or section 45a-257c, 45a-436, 45a-89
132	126		440, 45a-440a, 45a-441 or 45a-447 of the general statutes, as amended by 90
133	127		this act, on the death of the transferor, the following rules apply to 91
134	128		property that is the subject of a transfer on death deed and owned by 92
135	129		the transferor at death: 93
136	130		(1) Subject to the provisions of subdivision (2) of this subsection, the 94
137	131		interest in the property is transferred to the designated beneficiary in 95
138	132		accordance with the deed. 96
139	133		(2) The interest of a designated beneficiary is contingent on the 97
140	134		designated beneficiary surviving the transferor. The interest of a 98
141		-	designated beneficiary that fails to survive the transferor lapses. 99 Raised Bill No. 5209
	135	+	designated beneficiary that fails to survive the transferor lapses. 99
	136	+	(3) Subject to the provisions of subdivision (4) of this subsection, 100 Raised Bill No. 5209
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147	139
148		-	(3) Subject to the provisions of subdivision (4) of this subsection, 100
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149	142		concurrent interests are transferred to the beneficiaries in equal and 101
150	143		undivided shares with no right of survivorship. 102
151	144		(4) If the transferor has identified two or more designated 103
152	145		beneficiaries to receive concurrent interests in the property, the share of 104
153	146		one which lapses or fails for any reason is transferred to the other, or to 105
154	147		the others in proportion to the interest of each in the remaining part of 106
155	148		the property held concurrently. 107
156	149		(b) Subject to the provisions of section 47-10 of the general statutes, a 108
157	150		beneficiary takes the property subject to all conveyances, encumbrances, 109
158	151		assignments, contracts, mortgages, liens and other interests to which the 110
159	152		property is subject at the transferor's death. For purposes of this 111
160	153		subsection and section 47-10 of the general statutes, the recording of the 112
161	154		transfer on death deed is deemed to have occurred at the transferor's 113
162	155		death. 114
163	156		(c) If a transferor is a joint owner and is: (1) Survived by one or more 115
164	157		other joint owners, the property that is the subject of a transfer on death 116
165	158		deed belongs to the surviving joint owner or owners with right of 117
166	159		survivorship; or (2) the last surviving joint owner, the transfer on death 118
167	160		deed is effective. 119
168	161		(d) A transfer on death deed transfers property without covenant or 120
169	162		warranty of title even if the deed contains a contrary provision. 121
170	163		Sec. 14. (NEW) (Effective October 1, 2020) A beneficiary may disclaim 122
171	164		all or part of the beneficiary's interest as provided in sections 45a-578 to 123
172	165		45a-585, inclusive, of the general statutes. 124
173	166		Sec. 15. (NEW) (Effective October 1, 2020) (a) After the transferor's 125
174	167		death, the property that is the subject of an effective transfer on death 126
175	168		deed is subject to claims of the transferor's creditors, costs of 127
176	169		administration of the transferor's estate, the expenses of the transferor's 128
177	170		funeral and disposal of remains, and statutory allowances to a surviving 129
178		-	spouse and children to the extent the transferor's probate estate is 130 Raised Bill No. 5209
	171	+	spouse and children to the extent the transferor's probate estate is 130
	172	+	inadequate to satisfy those claims, costs, expenses and allowances. 131 Raised Bill No. 5209
179	173
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184	175
185		-	inadequate to satisfy those claims, costs, expenses and allowances. 131
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	177	+
186	178		(b) If more than one property is transferred by one or more transfer 132
187	179		on death deeds, the liability under subsection (a) of this section is 133
188	180		apportioned among the properties in proportion to their net values at 134
189	181		the transferor's death. 135
190	182		(c) A proceeding to enforce the liability under this section shall be 136
191	183		commenced not later than eighteen months after the date of the 137
192	184		transferor's death. 138
193	185		Sec. 16. (NEW) (Effective October 1, 2020) The following form may be 139
194	186		used to create a transfer on death deed. Sections 1 to 19, inclusive, of this 140
195	187		act govern the effect of this or any other instrument used to create a 141
196	188		transfer on death deed: 142
197	189		T1 (front of form)
198	190		T2 REVOCABLE TRANSFER ON DEATH DEED
199	191		T3 NOTICE TO OWNER
200	192		T4 You should carefully read all information on the other side of this
201	193		T5 form. You May Want to Consult a Lawyer Before Using This Form.
202	194		T6 This form must be recorded before your death, or it will not be
203	195		T7 effective.
204	196		T8 IDENTIFYING INFORMATION
205	197		T9 Owner or Owners Making This Deed:
206	198		T10 …. ….
207	199		T11 Printed name Mailing address
208	200		T12 …. ….
209		-	T13 Printed name Mailing address Raised Bill No. 5209
	201	+	T13 Printed name Mailing address
	202	+	T14 Legal description of the property:
	203	+	T15 …. Raised Bill No. 5209
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211	205
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216		-	~~T14 Legal description~~ of ~~the property:~~
217		-	~~T15 ….~~
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	208	+
218	209		T16 PRIMARY BENEFICIARY
219	210		T17 I designate the following beneficiary if the beneficiary survives me:
220	211		T18 … ….
221	212		T19 Printed name Mailing address, if available
222	213		T20 ALTERNATE BENEFICIARY – Optional
223	214		T21 If my primary beneficiary does not survive me, I designate the
224	215		T22 following alternate beneficiary if that beneficiary survives me:
225	216		T23 …. ….
226	217		T24 Printed name Mailing address, if available
227	218		T25 TRANSFER ON DEATH
228	219		T26 At my death, I transfer my interest in the described property to
229	220		T27 the beneficiaries as designated above.
230	221		T28 Before my death, I have the right to revoke this deed.
231	222		T29 SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
232	223		T30 (SEAL)
233	224		T31 …. ….
234	225		T32 Signature Date
235	226		T33 (SEAL)
236	227		T34 …. ….
237	228		T35 Signature Date
238	229		T36 ACKNOWLEDGMENT
239		-	T37 (insert acknowledgment for deed here) Raised Bill No. 5209
	230	+	T37 (insert acknowledgment for deed here)
	231	+
	232	+	(back of form) 143 Raised Bill No. 5209
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247		-	(back of form) 143
248	238		COMMON QUESTIONS ABOUT THE USE OF THIS FORM 144
249	239		What does the Transfer on Death (TOD) deed do? When you die, this 145
250	240		deed transfers the described property, subject to any liens or mortgages 146
251	241		(or other encumbrances) on the property at your death. Probate is not 147
252	242		required. The TOD deed has no effect until you die. You can revoke it at 148
253	243		any time. You are also free to transfer the property to someone else 149
254	244		during your lifetime. If you do not own any interest in the property 150
255	245		when you die, this deed will have no effect. 151
256	246		How do I make a TOD deed? Complete this form. Have it 152
257	247		acknowledged before a notary public or other individual authorized by 153
258	248		law to take acknowledgments. Record the form in each town where any 154
259	249		part of the property is located. The form has no effect unless it is 155
260	250		acknowledged and recorded before your death. 156
261	251		Is the "legal description" of the property necessary? Yes. 157
262	252		How do I find the "legal description" of the property? This 158
263	253		information may be on the deed you received when you became an 159
264	254		owner of the property. This information may also be available in the 160
265	255		office of the town clerk for the town where the property is located. If 161
266	256		you are not absolutely sure, consult a lawyer. 162
267	257		Can I change my mind before I record the TOD deed? Yes. If you have 163
268	258		not yet recorded the deed and want to change your mind, simply tear 164
269	259		up or otherwise destroy the deed. 165
270	260		How do I "record" the TOD deed? Take the completed and 166
271	261		acknowledged form to the office of the town clerk of the town where the 167
272	262		property is located. Follow the instructions given by the town clerk to 168
273	263		make the form part of the official property records. If the property is in 169
274		-	more than one town, you should record the deed in each town. 170 Raised Bill No. 5209
	264	+	more than one town, you should record the deed in each town. 170
	265	+	Can I later revoke the TOD deed if I change my mind? Yes. You can 171
	266	+	revoke the TOD deed. No one, including the beneficiaries, can prevent 172
	267	+	you from revoking the deed. 173 Raised Bill No. 5209
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281		-	Can I later revoke the TOD deed if I change my mind? Yes. You can 171
282		-	revoke the TOD deed. No one, including the beneficiaries, can prevent 172
283		-	you from revoking the deed. 173
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	272	+
284	273		How do I revoke the TOD deed after it is recorded? There are three 174
285	274		ways to revoke a recorded TOD deed: (1) Complete and acknowledge a 175
286	275		revocation form, and record it in each town where the property is 176
287	276		located. (2) Complete and acknowledge a new TOD deed that disposes 177
288	277		of the same property, and record it in each town where the property is 178
289	278		located. (3) Transfer the property to someone else during your lifetime 179
290	279		by a recorded deed that expressly revokes the TOD deed. You may not 180
291	280		revoke the TOD deed by will. 181
292	281		I am being pressured to complete this form. What should I do? Do 182
293	282		not complete this form under pressure. Seek help from a trusted family 183
294	283		member, friend or lawyer. 184
295	284		Do I need to tell the beneficiaries about the TOD deed? No, but it is 185
296	285		recommended. Secrecy can cause later complications and might make it 186
297	286		easier for others to commit fraud. 187
298	287		I have other questions about this form. What should I do? This form 188
299	288		is designed to fit some but not all situations. If you have other questions, 189
300	289		you are encouraged to consult a lawyer. 190
301	290		Sec. 17. (NEW) (Effective October 1, 2020) The following form may be 191
302	291		used to create an instrument of revocation under section 11 of this act. 192
303	292		Sections 1 to 19, inclusive, of this act govern the effect of this or any other 193
304	293		instrument used to revoke a transfer on death deed. 194
305	294		T38 (front of form)
306	295		T39 REVOCATION OF TRANSFER ON DEATH DEED
307	296		T40 NOTICE TO OWNER
308		-	T41 This revocation must be recorded before you die or it will not be Raised Bill No. 5209
	297	+	T41 This revocation must be recorded before you die or it will not be
	298	+	T42 effective. This revocation is effective only as to the interests in the
	299	+	T43 property of owners who sign this revocation. Raised Bill No. 5209
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315		-	~~T42 effective.~~ ~~This revocation is effective only as to the interests in the~~
316		-	~~T43 property of owners who sign this revocation.~~
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	304	+
317	305		T44 IDENTIFYING INFORMATION
318	306		T45 Owner or Owners of Property Making This Revocation:
319	307		T46 …. ….
320	308		T47 Printed name Mailing address
321	309		T48 …. ….
322	310		T49 Printed name Mailing address
323	311		T50 Legal description of the property:
324	312		T51 ….
325	313		T52 REVOCATION
326	314		T53 I revoke all my previous transfers of this property by transfer on
327	315		T54 death deed.
328	316		T55 SIGNATURE OF OWNER OR OWNERS MAKING THIS
329	317		T56 REVOCATION
330	318		T57 (SEAL)
331	319		T58 …. ….
332	320		T59 Signature Date
333	321		T60 (SEAL)
334	322		T61 …. ….
335	323		T62 Signature Date
336	324		ACKNOWLEDGMENT
337	325		T63 (insert acknowledgment for deed here)
338	326
339		-	(back of form) 195 Raised Bill No. 5209
	327	+	(back of form) 195
	328	+	COMMON QUESTIONS ABOUT THE USE OF THIS FORM 196
	329	+	How do I use this form to revoke a Transfer on Death (TOD) deed? 197 Raised Bill No. 5209
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346		-	~~COMMON QUESTIONS ABOUT THE USE~~ OF ~~THIS FORM 196~~
347		-	~~How do I use this form to revoke a Transfer on Death (TOD) deed? 197~~
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	334	+
348	335		Complete this form. Have it acknowledged before a notary public or 198
349	336		other individual authorized to take acknowledgments. Record the form 199
350	337		in the public records in the office of the town clerk of each town where 200
351	338		the property is located. The form must be acknowledged and recorded 201
352	339		before your death or it has no effect. 202
353	340		How do I find the "legal description" of the property? This 203
354	341		information may be on the TOD deed. It may also be available in the 204
355	342		office of the town clerk for the town where the property is located. If 205
356	343		you are not absolutely sure, consult a lawyer. 206
357	344		How do I "record" the form? Take the completed and acknowledged 207
358	345		form to the office of the town clerk of the town where the property is 208
359	346		located. Follow the instructions given by the town clerk to make the 209
360	347		form part of the official property records. If the property is located in 210
361	348		more than one town, you should record the form in each of those towns. 211
362	349		I am being pressured to complete this form. What should I do? Do 212
363	350		not complete this form under pressure. Seek help from a trusted family 213
364	351		member, friend or lawyer. 214
365	352		I have other questions about this form. What should I do? This form 215
366	353		is designed to fit some but not all situations. If you have other questions, 216
367	354		consult a lawyer. 217
368	355		Sec. 18. (NEW) (Effective October 1, 2020) In applying and construing 218
369	356		the provisions of the Uniform Real Property Transfer on Death Act, 219
370	357		consideration shall be given to the need to promote uniformity of the 220
371	358		law with respect to its subject matter among states that enact said act. 221
372	359		Sec. 19. (NEW) (Effective October 1, 2020) The provisions of this section 222
373	360		and sections 1 to 18, inclusive, of this act modify, limit and supersede 223
374	361		the Electronic Signatures in Global and National Commerce Act, 15 USC 224
375		-	7001 et seq., but do not modify, limit or supersede Section 101(c) of said 225 Raised Bill No. 5209
	362	+	7001 et seq., but do not modify, limit or supersede Section 101(c) of said 225
	363	+	act, 15 USC 7001(c), or authorize electronic delivery of any of the notices 226
	364	+	described in Section 103(b) of said act, 15 USC 7003(b). 227 Raised Bill No. 5209
376	365
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382		-	~~act, 15 USC 7001(c), or authorize electronic delivery~~ of ~~any of the notices 226~~
383		-	~~described in Section 103(b) of said act, 15 USC 7003(b). 227~~
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	369	+
384	370		Sec. 20. Subsection (a) of section 45a-436 of the general statutes is 228
385	371		repealed and the following is substituted in lieu thereof (Effective October 229
386	372		1, 2020): 230
387	373		(a) On the death of a spouse, the surviving spouse may elect, as 231
388	374		provided in subsection (c) of this section, to take a statutory share of the 232
389	375		real and personal property passing under the will of the deceased 233
390	376		spouse. The "statutory share" means a life estate of one-third in value of 234
391	377		all the property passing under the will, real and personal, legally or 235
392	378		equitably owned by the deceased spouse at the time of his or her death, 236
393	379		after the payment of all debts and charges against the estate. The right 237
394	380		to such third shall not be defeated by any disposition of the property by 238
395	381		will or by a transfer on death deed as defined in section 2 of this act to 239
396	382		other parties. 240
397	383		Sec. 21. Subsection (a) of section 45a-447 of the general statutes is 241
398	384		repealed and the following is substituted in lieu thereof (Effective October 242
399	385		1, 2020): 243
400	386		(a) (1) A person finally adjudged guilty, either as the principal or 244
401	387		accessory, or finally found not guilty by reason of mental disease or 245
402	388		defect pursuant to section 53a-13, of any crime under section 53a-54a, 246
403	389		53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-122, 53a-247
404	390		123 or 53a-321, or in any other jurisdiction, of any crime, the essential 248
405	391		elements of which are substantially similar to such crimes, or a person 249
406	392		finally adjudged guilty, or found not guilty by reason of mental disease 250
407	393		or defect, under any of said sections pursuant to this subdivision, shall 251
408	394		not inherit or receive any part of the estate of (A) the deceased victim, 252
409	395		whether under the provisions of any act relating to intestate succession, 253
410	396		or as devisee or legatee, or otherwise under the will of the deceased 254
411	397		victim, or receive any property as beneficiary, including as a beneficiary 255
412	398		of a transfer on death deed, as defined in section 2 of this act, or survivor 256
413		-	of the deceased victim, or (B) any other person when such homicide or 257 Raised Bill No. 5209
	399	+	of the deceased victim, or (B) any other person when such homicide or 257
	400	+	death terminated an intermediate estate, or hastened the time of 258
	401	+	enjoyment. For the purposes of this subdivision, an interested person 259
	402	+	may bring an action in the Superior Court for a determination, by a 260 Raised Bill No. 5209
414	403
415	404
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419	405
420		-	death terminated an intermediate estate, or hastened the time of 258
421		-	enjoyment. For the purposes of this subdivision, an interested person 259
422		-	may bring an action in the Superior Court for a determination, by a 260
	406	+	LCO No. 1334 13 of 14
	407	+
423	408		preponderance of the evidence, that an heir, devisee, legatee or 261
424	409		beneficiary of the deceased victim who has predeceased the interested 262
425	410		person would have been adjudged guilty or found not guilty by reason 263
426	411		of mental disease or defect, either as the principal or accessory, under 264
427	412		section 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-265
428	413		56a, 53a-122, 53a-123 or 53a-321, had the heir, devisee, legatee or 266
429	414		beneficiary survived. 267
430	415		(2) With respect to inheritance under the will of the deceased victim, 268
431	416		or rights to property as heir, devisee, legatee or beneficiary of the 269
432	417		deceased victim, the person whose participation in the estate of another 270
433	418		or whose right to property as such heir, devisee, legatee or beneficiary 271
434	419		is so prevented under the provisions of this section shall be considered 272
435	420		to have predeceased the deceased victim. 273
436	421		(3) With respect to real property owned in joint tenancy with rights 274
437	422		of survivorship with the deceased victim, such final adjudication as 275
438	423		guilty or finding of not guilty by reason of mental disease or defect shall 276
439	424		be a severance of the joint tenancy and shall convert the joint tenancy 277
440	425		into a tenancy in common as to the deceased victim and the person so 278
441	426		adjudged or found, but not as to any remaining joint tenant or tenants. 279
442	427		Such severance shall be effective as of the time such adjudication or 280
443	428		finding becomes final. When such jointly owned property is real 281
444	429		property, a certified copy of the final adjudication as guilty or finding of 282
445	430		not guilty by reason of mental disease or defect shall be recorded by the 283
446	431		fiduciary of the deceased victim's estate, or may be recorded by any 284
447	432		other interested party in the land records of the town where such real 285
448	433		property is situated. 286
449		-	(4) With respect to personal property owned in joint tenancy with rights 287
450		-	of survivorship with the deceased victim, such final adjudication as 288
451		-	guilty or finding of not guilty by reason of mental disease or defect shall 289
452		-	convert the personal property to property owned solely by the deceased 290 Raised Bill No. 5209
	434	+	(4) With respect to personal property owned in joint tenancy with 287
	435	+	rights of survivorship with the deceased victim, such final adjudication 288
	436	+	as guilty or finding of not guilty by reason of mental disease or defect 289
	437	+	shall convert the personal property to property owned solely by the 290
	438	+	deceased victim except to the extent that the adjudged guilty person or 291
	439	+	person found not guilty by reason of mental disease or defect can prove 292
	440	+	by a preponderance of the evidence such person's financial 293 Raised Bill No. 5209
453	441
454	442
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458	443
459		-	victim except to the extent that the adjudged guilty person or person 291
460		-	found not guilty by reason of mental disease or defect can prove by a 292
461		-	preponderance of the evidence such person's financial contributions to 293
462		-	such property.294
	444	+	LCO No. 1334 14 of 14
	445	+
	446	+	contributions to such property.294
463	447		This act shall take effect as follows and shall amend the following
464	448		sections:
465	449
466	450		Section 1 October 1, 2020 New section
467	451		Sec. 2 October 1, 2020 New section
468	452		Sec. 3 October 1, 2020 New section
469	453		Sec. 4 October 1, 2020 New section
470	454		Sec. 5 October 1, 2020 New section
471	455		Sec. 6 October 1, 2020 New section
472	456		Sec. 7 October 1, 2020 New section
473	457		Sec. 8 October 1, 2020 New section
474	458		Sec. 9 October 1, 2020 New section
475	459		Sec. 10 October 1, 2020 New section
476	460		Sec. 11 October 1, 2020 New section
477	461		Sec. 12 October 1, 2020 New section
478	462		Sec. 13 October 1, 2020 New section
479	463		Sec. 14 October 1, 2020 New section
480	464		Sec. 15 October 1, 2020 New section
481	465		Sec. 16 October 1, 202 New section
482	466		Sec. 17 October 1, 202 New section
483	467		Sec. 18 October 1, 2020 New section
484	468		Sec. 19 October 1, 2020 New section
485	469		Sec. 20 October 1, 2020 45a-436(a)
486	470		Sec. 21 October 1, 2020 45a-447(a)
487	471
488		-	AGE Joint Favorable C/R JUD
	472	+	Statement of Purpose:
	473	+	To allow senior citizens and others to transfer real property at death to
	474	+	avert costly, time-consuming probate proceedings.
	475	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	476	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	477	+	underlined.]
489	478