PROBATE, TRUSTS, AND FIDUCIARIES
H.B. 04-1048 Beneficiary deed - creation - postpone real property conveyance until grantor's death - medicaid eligibility exclusion - requirements - effectiveness - vesting of title in grantee-beneficiary - exemption from laws governing wills and probate - rights of creditors and purchasers - actions against grantee-beneficiaries - disclaimer. Creates the beneficiary deed as an alternative to a will to make a real property conveyance effective on the death of the grantor-owner. Clarifies that an applicant for or recipient of medical assistance, for which it would be permissible for the department of health care policy and financing to assert a claim, shall not be entitled to the medical assistance if the person has a beneficiary deed in effect. Specifies that the execution of a beneficiary deed by an applicant for or recipient of medical assistance shall cause the property to be considered a countable resource for purposes of asset recovery.
Specifies certain requirements concerning the form, execution, effect, revocation, and recording of a beneficiary deed. Clarifies that the beneficiary deed does not replace other real property conveyance methods that postpone ownership until the death of the grantor. Specifies that the effectiveness of a beneficiary deed does not depend on a grantee- beneficiary's signature, consent, agreement, or notice. Specifies that, unless the grantor-owner designates otherwise, a beneficiary deed shall have the same effect as a bargain and sale deed. Describes how title to the interest in real property transferred by a beneficiary deed vests in the grantee-beneficiary.
Exempts a beneficiary deed from most provisions governing wills and probate. Establishes procedures concerning the use of a beneficiary deed to transfer a joint tenant's property interest. Specifies the rights of creditors and purchasers in situations involving beneficiary deeds. Protects a person who purchases from a grantee-beneficiary under certain circumstances. Limits actions against grantee-beneficiaries. Permits a grantee-beneficiary to disclaim any part of or all of the real property interest described in a beneficiary deed.
APPROVED by Governor May 12, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
H.B. 04-1280 Death certificates - disasters - procedures. Following a disaster, authorizes a spouse, next of kin, or public administrator, or after 30 days, any person, to petition the county coroner to determine the cause of death when a person's remains have not been located or are unidentifiable. Sets standards and imposes a $25 fee for such petition. If the coroner finds sufficient evidence to support the petition, authorizes the coroner to issue a death certificate. Limits the time a person may file a petition to 5 years following the disaster.
Authorizes a person to petition a court if the coroner fails to act on the petition within 30 days.
Instructs a county to retain a copy of the death certificate and related documents.
APPROVED by Governor April 23, 2004
EFFECTIVE August 4, 2004
NOTE: This act was passed without a safety clause. For further explanation concerning the
effective date, see page vi of this digest.
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