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HI SB2799
Bill
Status
3/2/2010
Primary Sponsor
Brian Taniguchi
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AI Summary
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Adopts the Uniform Real Property Transfer on Death Act, allowing property owners to designate beneficiaries to receive real property upon death without probate or formal will requirements.
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Transfer on death deeds must contain essential elements of a recordable deed, state that transfer occurs at the transferor's death, and be recorded or filed before the transferor's death.
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Transfer on death deeds are revocable, nontestamentary, and have no effect on the transferor's property rights during life—they do not affect creditors, transferee interests, or public assistance eligibility.
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Upon the transferor's death, designated beneficiaries receive property subject to survival requirements, existing encumbrances, mortgages, liens, and creditor claims; joint owners retain survivorship rights.
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Beneficiary disclaimers of real property interests must be recorded in the bureau of conveyances or filed with the land court; effective date is July 1, 2050.
Legislative Description
Real Property; Probate
Last Action
(H) The committee(s) recommends that the measure be deferred.
3/16/2010