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MN SF350

Bill

Status

Introduced

2/11/2013

Primary Sponsor

Melisa Franzen

Click for details

Origin

Senate

88th Legislature 2013-2014

AI Summary

  • Adopts the Uniform Community Property Rights at Death Act as Minnesota Statutes chapter 519A, establishing rules for disposition of community property acquired in other jurisdictions upon a spouse's death.

  • Applies to personal property acquired as community property in other jurisdictions and real property in Minnesota acquired with community property proceeds or traceable to community property.

  • Establishes that upon death, one-half of applicable community property belongs to the surviving spouse and is not subject to the decedent's will or Minnesota succession laws, while the other half is subject to the decedent's testamentary disposition.

  • Creates rebuttable presumptions that property acquired during marriage in a community property jurisdiction is community property, and property acquired in non-community property jurisdictions with survivorship rights is not community property.

  • Provides procedures for perfecting title to the surviving spouse's interest by court order or instrument with court approval, with specific deadlines for written demands depending on whether property was held in an estate or trust.

Legislative Description

Uniform Disposition of Community Property Rights at Death Act

Last Action

HF substituted on General Orders HF369

4/18/2013

Committee Referrals

Judiciary2/11/2013

Full Bill Text

No bill text available