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AN ACT
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relating to a revocable deed that transfers real property at the |
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transferor's death. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 114.103(a), Estates Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided in the transfer on death |
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deed, this section, or any other statute or the common law of this |
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state governing a decedent's estate, on the death of the |
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transferor, the following rules apply to an interest in real |
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property that is the subject of a transfer on death deed and owned |
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by the transferor at death: |
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(1) if the designated beneficiary survives the |
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transferor by 120 hours, the interest in the real property is |
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transferred to the designated beneficiary in accordance with the |
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deed; |
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(2) the share [interest] of any [a] designated |
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beneficiary that fails to survive the transferor by 120 hours |
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lapses, notwithstanding Section 111.052, and is subject to and |
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passes in accordance with Subchapter D, Chapter 255, as if the |
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transfer on death deed were a devise made in a will; and |
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(3) subject to Subdivision (2) [(4)], concurrent |
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interests are transferred to the beneficiaries in equal and |
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undivided shares with no right of survivorship[; and
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[(4)
notwithstanding Subdivision (2), if the
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transferor has identified two or more designated beneficiaries to
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receive concurrent interests in the real property, the share of a
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designated beneficiary who predeceases the transferor lapses and is
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subject to and passes in accordance with Subchapter D, Chapter 255,
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as if the transfer on death deed were a devise made in a will]. |
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SECTION 2. Section 114.151, Estates Code, is amended to |
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read as follows: |
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Sec. 114.151. OPTIONAL FORM FOR TRANSFER ON DEATH DEED. The |
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following form may be used to create a transfer on death deed. |
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REVOCABLE TRANSFER ON DEATH DEED |
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU |
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MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS |
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INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC |
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RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE |
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NUMBER. |
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IMPORTANT NOTICE TO OWNER: You should carefully read all the |
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information included in the instructions to this form. You may want |
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to consult a lawyer before using this form. |
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MUST RECORD DEED: Before your death, this deed must be recorded |
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with the county clerk where the property is located, or it will not |
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be effective. |
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MARRIED PERSONS: If you are married and want your spouse to own the |
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property on your death, you must name your spouse as the primary |
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beneficiary. If your spouse does not survive you, the property |
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will transfer to any listed alternate beneficiary or beneficiaries |
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on your death. |
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1. Owner (Transferor) Making this Deed: |
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___________________________ ____________________ |
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Printed name Mailing address |
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2. Legal Description of the Property: |
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___________________________________________________ |
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3. Address of the Property (if any) (include county): |
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___________________________________________________ |
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4. Primary Beneficiary (Transferee) or Beneficiaries |
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(Transferees) |
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I designate the following beneficiary or beneficiaries, if |
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the beneficiary survives me: |
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___________________________ ____________________ |
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Printed name Mailing address |
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5. Alternate Beneficiary or Beneficiaries (Optional) |
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[If no primary beneficiary survives me,] I designate the |
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following alternate beneficiary or beneficiaries, if the alternate |
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beneficiary survives me: |
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___________________________ ____________________ |
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Printed name Mailing address |
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6. Transfer on Death: (Choose an option under both A and B below, |
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and if you have designated any alternate beneficiaries, choose an |
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option under C.) |
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At my death, I grant and convey to the primary beneficiary or |
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beneficiaries my interest in the property, to have and hold |
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forever. [If at my death I am not survived by any primary
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beneficiary, I grant and convey to the alternate beneficiary or
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beneficiaries, if designated, my interest in the property, to have
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and hold forever.
If the primary and alternate beneficiaries do not
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survive me, this transfer on death deed shall be deemed canceled by
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me.] |
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A. IF AT LEAST ONE PRIMARY BENEFICIARY SURVIVES ME |
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(Select either option (1) or (2) by placing your initials next to |
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the option chosen. If you do not choose an option, then option (1), |
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which is the anti-lapse election, will apply.) |
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If at least one primary beneficiary survives me, I grant and |
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convey the primary beneficiaries' share or shares of the property, |
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to have and hold forever, as follows: |
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____ (1) Anti-Lapse Election. To the surviving primary |
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beneficiary or beneficiaries, but if a deceased primary |
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beneficiary, if any, was a child or other descendant of mine or of |
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one or both of my parents, that deceased primary beneficiary's |
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share will pass to the surviving children or other descendants of |
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that deceased primary beneficiary. |
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____ (2) Surviving Primary Beneficiaries Election. To the |
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surviving primary beneficiary or beneficiaries only. If a deceased |
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primary beneficiary, if any, was a child or other descendant of mine |
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or of one or both of my parents, I do not want that deceased primary |
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beneficiary's share to pass to the children or other descendants of |
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that deceased primary beneficiary. |
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B. IF NO PRIMARY BENEFICIARY SURVIVES ME |
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(Select either option (1) or (2) by placing your initials next to |
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the option chosen. If you do not choose an option, then option (1), |
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which is the anti-lapse election, will apply.) |
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If no primary beneficiary survives me, I grant and convey the |
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share of the property that would have transferred to a deceased |
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primary beneficiary, to have and hold forever, as follows: |
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____ (1) Anti-Lapse Election. To the surviving children or |
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other descendants of the deceased primary beneficiary, if the |
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deceased primary beneficiary was a child or other descendant of |
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mine or of one or both of my parents. |
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____ (2) Surviving Alternate Beneficiaries Election. To |
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the alternate beneficiary or beneficiaries designated above. If |
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the deceased primary beneficiary was a child or other descendant of |
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mine or of one or both of my parents, I do not want that deceased |
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primary beneficiary's share to pass to the children or other |
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descendants of that deceased primary beneficiary. |
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If no primary beneficiary survives me and the anti-lapse |
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election is not chosen or that election is chosen, but a deceased |
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primary beneficiary is not a child or other descendant of mine or of |
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one or both of my parents, I grant and convey to the alternate |
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beneficiary or beneficiaries my share in the property that |
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otherwise would have transferred to the deceased primary |
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beneficiary, to have and hold forever. If I have not designated |
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alternate beneficiaries, this transfer on death deed shall be |
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considered cancelled by me. |
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C. IF AN ALTERNATE BENEFICIARY DOES NOT SURVIVE ME |
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(Select either option (1) or (2) by placing your initials next to |
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the option chosen. If you do not choose an option, then option (1), |
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which is the anti-lapse election, will apply.) |
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If an alternate beneficiary does not survive me, I grant and |
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convey that alternate beneficiary's share of the property as |
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follows: |
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____ (1) Anti-Lapse Election. To the surviving alternate |
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beneficiary or beneficiaries, but if the deceased alternate |
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beneficiary was a child or other descendant of mine or of one or |
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both of my parents, that deceased alternate beneficiary's share |
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will pass to the surviving children or other descendants of that |
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deceased alternate beneficiary. |
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____ (2) Surviving Alternate Beneficiaries Election. To |
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the surviving alternate beneficiary or beneficiaries only. If the |
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deceased alternate beneficiary was a child or other descendant of |
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mine or of one or both of my parents, I do not want that deceased |
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alternate beneficiary's share to pass to the children or other |
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descendants of that deceased alternate beneficiary. |
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If no alternate beneficiary survives me and the anti-lapse |
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election is not chosen or that election is chosen, but no deceased |
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alternate beneficiary was a child or other descendant of mine or of |
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one or both of my parents, this transfer on death deed shall be |
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considered cancelled by me. |
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7. Printed Name and Signature of Owner Making this Deed: |
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___________________________ ____________________ |
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Printed Name Date |
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___________________________ |
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Signature |
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BELOW LINE FOR NOTARY ONLY |
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Acknowledgment |
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STATE OF ____________________ |
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COUNTY OF ___________________ |
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This instrument was acknowledged before me on the ______ day of |
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______________, 20____, |
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by ___________________. |
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Notary Public, State of |
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After recording, return to: |
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(insert name and mailing address) |
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________________________________ |
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________________________________ |
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INSTRUCTIONS FOR TRANSFER ON DEATH DEED |
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DO NOT RECORD THESE INSTRUCTIONS |
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Instructions for Completing the Form |
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1. Owner (Transferor) Making this Deed: Enter your first, middle |
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(if any), and last name here, along with your mailing address. |
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2. Legal Description of the Property: Enter the formal legal |
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description of the property. This information is different from |
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the mailing and physical address for the property and is necessary |
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to complete the form. To find this information, look on the deed |
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you received when you became an owner of the property. This |
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information may also be available in the office of the county clerk |
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for the county where the property is located. Do NOT use your tax |
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bill to find this information. If you are not absolutely sure, |
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consult a lawyer. |
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3. Address of the Property: Enter the physical address of the |
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property. |
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4. Primary Beneficiary or Beneficiaries: Enter the first and |
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last name of each person you want to get the property when you die. |
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If you are married and want your spouse to get the property when you |
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die, enter your spouse's first and last name (even if you and your |
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spouse own the property together). |
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5. Alternate Beneficiary or Beneficiaries: Enter the first and |
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last name of each person you want to get the property if no primary |
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beneficiary survives you. |
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6. Transfer on Death: You should carefully read the language |
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describing the options and choose an option under both A and B of |
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Paragraph 6, and if you have listed any alternate beneficiaries, |
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choose an option under C of Paragraph 6 [No action needed]. |
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7. Printed Name and Signature of Owner: Do not sign your name or |
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enter the date until you are before a notary. Include your printed |
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name. |
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8. Acknowledgment: This deed must be signed before a notary. The |
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notary will fill out this section of the deed. |
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SECTION 3. The changes in law made by this Act apply to a |
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transfer on death deed executed and acknowledged on or after the |
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effective date of this Act. A transfer on death deed executed and |
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acknowledged before the effective date of this Act is governed by |
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the law in effect on the date the transfer on death deed was |
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executed and acknowledged, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2150 passed the Senate on |
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April 19, 2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2150 passed the House on |
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May 21, 2017, by the following vote: Yeas 141, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |