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Proposed amendment to K.S.A.59-3504(c)
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7/23/2013 at 3:20:05 PM GMT
Posts: 2
Proposed amendment to K.S.A.59-3504(c)
The Chair of the Title Standard Committee appointed Robert Collins as the Chair of the Sub-committee to prepare a proposed amendment to K.S.A. 59-3504.  The members of the committee are Hayden St. John, Topeka, Todd Sheppard, Manhattan, and Randy Barber, Kansas City.

One of the problems discussed at the February meeting was a discussion of a District Judge that if one of the grantee beneficiaries predeceases the record owner, the entire transfer-on- death deed was void.  In the past some attorneys believed that in the same situation the deceased grantee beneficiary’s interest lapsed back to the record owner.  I have perused the transfer-on-death statutes of various states.  I feel that the Colorado Statute solves both problems.


"(5) THE PROVISIONS OF ANY ANTI-LAPSE STATUTE SHALL NOT APPLY TO BENEFICIARY DEEDS.  IF ONE OF MULTIPLE GRANTEE-BENEFICIARIES FAIL TO SURVIVE THE OWNER, AND NO PROVISION FOR SUCH CONTINGENCY IS MADE IN THE BENEFICIARY DEED, THE SHARE OF THE DECEASED GRANTEE-BENEFICIARY SHALL BE PROPORTIONATELY ADDED TO AND PASS AS A PART OF THE SHARES OF THE SURVIVING GRANTEE BENEFICIARIES.”

Proposed  K.S.A. 3504(c) as follows:

(c) If a grantee beneficiary dies prior to the death of the record owner and an alternative grantee beneficiary has not been designated on the deed and there are multiple grantee beneficiaries named, the share of the deceased grantee beneficiary shall be proportionately added to and pass as a part of the shares of the surviving grantee beneficiaries.  If there is only one grantee beneficiary named and that beneficiary dies prior to the death of the record owners and an alternative grantee beneficiary has not been designated on the deed, the transfer shall be void.







Joseph N. Molina | Director, Legislative Services
Kansas Bar Association |1200 SW Harrison St. | Topeka, KS 66612
(785) 234-5696 | Fax (785) 234-3813 | jmolina@ksbar.org | www.ksbar.org


Last edited Tuesday, July 23, 2013
9/11/2013 at 3:15:38 PM GMT
Posts: 2
Trasfer of Death Proposal
UPDATE: On August 30th  Bob Collins carried the proposal for the Title Standard Committee and stated that the TSC would like to have a consistent position on its proposed amendments to KSA 59a-3504(c). This amendment would clarify the distribution of assets under a Transfer on Death Deed when one of the named beneficiaries dies prior to the decedent.  It is unclear whether the court will distribute assets under the TODD to the remaining beneficiary or if the court will void the entire TODD and force the heirs to open a probate action.  Tim O’Sullivan would like the Real Estate, Probate and Trust section to review the proposal and develop a remedy consistent with the anti-lapse provisions.  Bill Quick made a motion to have the KBA Board of Governor’s request the section develop a consistent remedy to this issue by the December meeting.  Greg Musil seconded the Motion. The motion passed on a voice vote.  The legislative committee recommends to the KBA Board of Governors that the Real Estate, Probate and Trust section develop a remedy for the TODD issue by the December BOG meeting.

Joseph N. Molina | Director, Legislative Services
Kansas Bar Association |1200 SW Harrison St. | Topeka, KS 66612
(785) 234-5696 | Fax (785) 234-3813 | jmolina@ksbar.org | www.ksbar.org


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