Revocation of North Dakota Transfer on Death Deeds.

Revocation of North Dakota Transfer on Death Deeds

 

Revocation of North Dakota Transfer on Death Deeds

North Dakota Transfer on Death Deeds – Revocability

N.D.C.C. 30.1-32.1-03 identifies that the revocation of North Dakota Transfer on Death Deeds by the transferor is always permitted, by providing as follows:

            A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.

North Dakota Transfer on Death Deeds – Manner of Revocation

N.D.C.C. 30.1-32.1-08 identifies three documents which may be used in order to effect the revocation of North Dakota Transfer on Death Deeds by the transferor, by providing as follows:

(1)     A transfer on death deed – that revokes

  • the deed or part of the deed
  • expressly or by inconsistency;

(2)     An instrument of revocation – that expressly revokes the deed or part of the deed; or

(3)     An inter vivos deedthat expressly revokes the transfer on death deed or part of the deed,

(hereinafter, the “Revocation Documents”).

North Dakota Transfer on Death Deed Revocation Documents – Acknowledgment and Recording Requirements

N.D.C.C. 30.1-32.1-08 identifies that in order to effect the revocation of North Dakota Transfer on Death Deeds by the transferor, any of the three Revocation Documents must be:

  • acknowledged by the transferor after the acknowledgment of the transfer on death deed being revoked and
  • recorded before the transferor’s death in the public records in the office of the county recorder of the county where the deed is recorded.

North Dakota Transfer on Death Deed – Revocation By All Joint Owners

N.D.C.C. 30.1-32.1-08 identifies that if a North Dakota transfer on death deed is made by more than one transferor:

  • the revocation by one transferor does not affect the transfer on death deed as to the interest of another transferor, and
  • the revocation of a transfer on death deed executed by joint owners is effective only if it is revoked by all of the living joint owners.

North Dakota Transfer on Death Deed – No Revocation By Action Only

N.D.C.C. 30.1-32.1-08 identifies that after a North Dakota transfer on death deed has been recorded, it may not be revoked by a revocatory act performed on the transfer on death deed by the transferor.

In other words, after a North Dakota transfer on death deed has been recorded, it may only be revoked by recording one of the three Revocation Documents.

North Dakota Transfer on Death Deeds – Title Standard 12-16

Title Standard 12-16 of the North Dakota State Bar Association’s real property “title standards” identifies that a North Dakota transfer on death deed may only be revoked by an instrument:

  • executed by the transferor which makes an express statement that it revokes the prior North Dakota transfer on death deed, or
  • which is inconsistent with the prior North Dakota transfer on death deed,

and which is recorded prior to the death of the transferor.

Title Standard 12-16 also identifies that any such revocation is only effective:

  • with respect to the interest owned by the revoking transferor, and
  • only if all joint owners join in the revocation of the North Dakota Transfer on Death Deed.

Title Standard 12-16 also identifies that if any beneficiary does not survive the transferor, or disclaims the interest, the remaining beneficiaries take the interest in proportion to the interest of each in the remaining property.

Conclusion;

Revocation of North Dakota Transfer on Death Deeds

Owners of North Dakota real property interests – including mineral rights – who are contemplating transferring such interests pursuant to a North Dakota Transfer on Death Deed are invited to contact Minnesota and North Dakota attorney Gary C. Dahle for assistance.

Attorneys not licensed in Minnesota or North Dakota are invited to refer possible Minnesota or North Dakota Transfer on Death Deed issues to Minnesota and North Dakota attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com.

For information on ancillary probate in North Dakota, see http://www.dahlelawnorthdakota.com/north-dakota-probate/ancillary-probate/

Topics of Interest:

Copyright 2016 – All Rights Reserved

Gary C. Dahle – Attorney at Law

2704 County Road 10

Mounds View, MN 55112

Phone:  763-780-8390   Fax:     763-780-1735      gary@dahlelaw.com

 Legal Disclaimer

Information provided herein is only for general informational and educational purposes. North Dakota’s version of the Uniform Real Property Transfer on Death Act involves many complex legal issues. If you have a specific legal problem about which you are seeking advice, consult with a North Dakota attorney of your choice.

Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of North Dakota, and in the State of Minnesota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of North Dakota and Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

Accessing the web sites of Gary C. Dahle, Attorney at Law – http://www.dahlelaw.com, http://www.NorthDakotaTransferonDeathDeeds.com, or http://www.dahlelawnorthdakota.com – may be held to be requests for information.

However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on http://www.dahlelaw.com, http://www.NorthDakotaTransferonDeathDeeds.com, or http://www.dahlelawnorthdakota.com – does not constitute legal advice, or establish an attorney/client relationship.

Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.

If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege.

Please use caution in communicating over the Internet. The Internet is not a secure environment and confidential information sent by e-mail may be at risk.

Gary C. Dahle, Attorney at Law, provides the http://www.dahlelaw.com, http://www.NorthDakotaTransferonDeathDeeds.com, and http://www.dahlelawnorthdakota.com web sites and their content on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, or completeness.