reglab/housing_qa huggingface dataset:
MT Code § 72-6-303 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-303. Registration in beneficiary form -- applicable law

  72-6-303. Registration in beneficiary form -- applicable law. (1) A security may be registered in beneficiary form if the form is authorized by this or a similar statute of the state:   (a) of organization of the issuer or registering entity;   (b) of the location of the registering entity's principal office;   (c) of the office of its transfer agent or its office making the registration; or   (d) listed as the owner's address at the time of registration.   (2) A registration governed by the law of a jurisdiction in which this or similar legislation is not in force or was not in force when a registration in beneficiary form was made is nevertheless presumed to be valid and authorized as a matter of contract law.   History: En. Sec. 105, Ch. 494, L. 1993.
MT Code § 72-6-304 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-304. Origination of registration in beneficiary form

  72-6-304. Origination of registration in beneficiary form. A security, whether evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners.   History: En. Sec. 106, Ch. 494, L. 1993.
MT Code § 72-6-305 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-305. Form of registration in beneficiary form

  72-6-305. Form of registration in beneficiary form. Registration in beneficiary form may be shown by the words "transfer on death" or the abbreviation "TOD", or by the words "pay on death" or the abbreviation "POD", after the name of the registered owner and before the name of a beneficiary.   History: En. Sec. 107, Ch. 494, L. 1993.
MT Code § 72-6-306 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-306. Effect of registration in beneficiary form

  72-6-306. Effect of registration in beneficiary form. The designation of a TOD beneficiary on a registration in beneficiary form has no effect on ownership until the owner's death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all then-surviving owners without the consent of the beneficiary.   History: En. Sec. 108, Ch. 494, L. 1993.
MT Code § 72-6-307 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-307. Ownership on death of owner

  72-6-307. Ownership on death of owner. On the death of a sole owner or the last to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of the death of all owners and compliance with any applicable requirements of the registering entity, a security registered in beneficiary form may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as tenants in common. If no beneficiary survives the death of all owners, the security belongs to the estate of the deceased sole owner or the estate of the last to die of all multiple owners.   History: En. Sec. 109, Ch. 494, L. 1993.
MT Code § 72-6-308 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-308. Protection of registering entity

  72-6-308. Protection of registering entity. (1) A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections given to the registering entity by this part.   (2) By accepting a request for registration of a security in beneficiary form, the registering entity agrees that the registration will be implemented on the death of the deceased owner as provided in this part.   (3) (a) A registering entity is discharged from all claims to a security by the estate, creditors, heirs, or devisees of a deceased owner if it registers a transfer of the security in accordance with 72-6-307 and does so in good faith reliance on:   (i) the registration;   (ii) this part; and   (iii) information provided to it by affidavit of the personal representative of the deceased owner, or by the surviving beneficiary or by the surviving beneficiary's representatives, or other information available to the registering entity.   (b) The protections of this part do not extend to a reregistration or payment made after a registering entity has received written notice from any claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other notice or other information available to the registering entity affects its right to protection under this part.   (4) The protection provided by this part to the registering entity of a security does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.   History: En. Sec. 110, Ch. 494, L. 1993.
MT Code § 72-6-309 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-309. Nontestamentary transfer on death

  72-6-309. Nontestamentary transfer on death. (1) A transfer on death, resulting from a registration in beneficiary form, is effective by reason of the contract regarding the registration between the owner and the registering entity and this part and is not testamentary.   (2) This part does not limit the rights of creditors of security owners against beneficiaries and other transferees under other laws of this state.   History: En. Sec. 111, Ch. 494, L. 1993.
MT Code § 72-6-310 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-310. Terms, conditions, and forms for registration

  72-6-310. Terms, conditions, and forms for registration. (1) (a) A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which it will receive requests for:   (i) registrations in beneficiary form; and   (ii) implementation of registrations in beneficiary form, including requests for cancellation of previously registered TOD beneficiary designations and requests for reregistration to effect a change of beneficiary.   (b) The terms and conditions so established may provide for proving death, avoiding or resolving any problems concerning fractional shares, designating primary and contingent beneficiaries, and substituting a named beneficiary's descendants to take in the place of the named beneficiary in the event of the beneficiary's death. Substitution may be indicated by appending to the name of the primary beneficiary the letters LDPS, standing for "lineal descendants per stirpes". This designation substitutes a deceased beneficiary's descendants who survive the owner for a beneficiary who fails to so survive, the descendants to be identified and to share in accordance with the law of the beneficiary's domicile at the owner's death that governs inheritance by descendants of an intestate. Other forms of identifying beneficiaries who are to take on one or more contingencies, and rules for providing proofs and assurances needed to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form, may be contained in a registering entity's terms and conditions.   (2) The following are illustrations of registrations in beneficiary form that a registering entity may authorize:   (a) sole owner-sole beneficiary: John S. Brown TOD (or POD) John S. Brown Jr.;   (b) multiple owners-sole beneficiary: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr.;   (c) multiple owners-primary and secondary (substituted) beneficiaries: John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. SUB BENE Peter Q. Brown or John S. Brown Mary B. Brown JT TEN TOD John S. Brown Jr. LDPS.   History: En. Sec. 112, Ch. 494, L. 1993.
MT Code § 72-6-311 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 3. Uniform TOD Security Registration Act|72-6-311. Application of part

  72-6-311. Application of part. This part applies to registrations of securities in beneficiary form made before or after October 1, 1993, by decedents dying on or after October 1, 1993.   History: En. Sec. 131, Ch. 494, L. 1993.
MT Code § 72-6-401 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-401. Short title

  72-6-401. Short title. This part may be cited as the "Uniform Real Property Transfer on Death Act".   History: En. Sec. 83, Ch. 313, L. 2019.
MT Code § 72-6-402 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-402. Definitions

  72-6-402. Definitions. As used in this part, the following definitions apply:   (1) "Beneficiary" means a person that receives property under a transfer on death deed.   (2) "Designated beneficiary" means a person designated to receive property in a transfer on death deed.   (3) "Joint owner" means an individual who owns property concurrently with one or more other individuals with a right of survivorship. The term includes a joint tenant. The term does not include a tenant in common.   (4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.   (5) "Property" means an interest in real property located in this state which is transferable on the death of the owner.   (6) "Transfer on death deed" means a deed authorized under this part.   (7) "Transferor" means an individual who makes a transfer on death deed.   History: En. Sec. 84, Ch. 313, L. 2019.
MT Code § 72-6-403 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-403. Nonexclusivity

  72-6-403. Nonexclusivity. This part does not affect any method of transferring property otherwise permitted under the law of this state.   History: En. Sec. 86, Ch. 313, L. 2019.
MT Code § 72-6-404 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-404. Transfer on death deed authorized

  72-6-404. Transfer on death deed authorized. An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.   History: En. Sec. 87, Ch. 313, L. 2019.
MT Code § 72-6-405 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-405. Transfer on death deed revocable

  72-6-405. Transfer on death deed revocable. A transfer on death deed is revocable even if the deed or another instrument contains a contrary provision.   History: En. Sec. 88, Ch. 313, L. 2019.
MT Code § 72-6-406 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-406. Transfer on death deed nontestamentary

  72-6-406. Transfer on death deed nontestamentary. A transfer on death deed is nontestamentary.   History: En. Sec. 89, Ch. 313, L. 2019.
MT Code § 72-6-407 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-407. Capacity of transferor

  72-6-407. Capacity of transferor. The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will.   History: En. Sec. 90, Ch. 313, L. 2019.
MT Code § 72-6-408 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-408. Requirements

  72-6-408. Requirements. A transfer on death deed:   (1) except as otherwise provided in subsection (2), must contain the essential elements and formalities of a properly recordable inter vivos deed;   (2) must state that the transfer to the designated beneficiary is to occur at the transferor's death; and   (3) must be recorded before the transferor's death in the public records in the office of the county clerk and recorder of the county where the property is located.   History: En. Sec. 91, Ch. 313, L. 2019.
MT Code § 72-6-409 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-409. Notice, delivery, acceptance, consideration not required

  72-6-409. Notice, delivery, acceptance, consideration not required. A transfer on death deed is effective without:   (1) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or   (2) consideration.   History: En. Sec. 92, Ch. 313, L. 2019.
MT Code § 72-6-410 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-410. Revocation by instrument authorized -- revocation by act not permitted

  72-6-410. Revocation by instrument authorized -- revocation by act not permitted. (1) Subject to subsection (2), an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:   (a) is one of the following:   (i) a transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;   (ii) an instrument of revocation that expressly revokes the deed or part of the deed;   (iii) an inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and   (b) is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor's death in the public records in the office of the county clerk and recorder of the county where the deed is recorded.   (2) If a transfer on death deed is made by more than one transferor:   (a) revocation by a transferor does not affect the deed as to the interest of another transferor; and   (b) a deed of joint owners is revoked only if it is revoked by all of the living joint owners.   (3) After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.   (4) This section does not limit the effect of an inter vivos transfer of the property, which revokes any prior transfer on death deed to the property.   History: En. Sec. 93, Ch. 313, L. 2019.
MT Code § 72-6-411 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-411. Effect of transfer on death deed during transferor's life

  72-6-411. Effect of transfer on death deed during transferor's life. During a transferor's life, a transfer on death deed does not:   (1) affect an interest or right of the transferor or any other owner, including the right to transfer or encumber the property;   (2) affect an interest or right of a transferee, even if the transferee has actual or constructive notice of the deed;   (3) affect an interest or right of a secured or unsecured creditor or future creditor of the transferor, even if the creditor has actual or constructive notice of the deed;   (4) affect the transferor's or designated beneficiary's eligibility for any form of public assistance;   (5) create a legal or equitable interest in favor of the designated beneficiary; or   (6) subject the property to claims or process of a creditor of the designated beneficiary.   History: En. Sec. 94, Ch. 313, L. 2019.
MT Code § 72-6-412 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-412. Effect of transfer on death deed at transferor's death

  72-6-412. Effect of transfer on death deed at transferor's death. (1) Except as otherwise provided in the transfer on death deed, in 72-2-712, 72-2-716, 72-2-813, 72-2-814, 72-6-112, or in this section, and subject to chapter 2, part 2, of this title, on the death of the transferor, the following rules apply to property that is the subject of a transfer on death deed and owned by the transferor at death:  (a) Subject to subsection (1)(b), the interest in the property is transferred to the designated beneficiary in accordance with the deed.   (b) The interest of a designated beneficiary is contingent on the designated beneficiary surviving the transferor. The interest of a designated beneficiary that fails to survive the transferor lapses.   (c) Subject to subsection (1)(d), concurrent interests are transferred to the beneficiaries in equal and undivided shares with no right of survivorship.   (d) If the transferor has identified two or more designated beneficiaries to receive concurrent interests in the property, the share of one which lapses or fails for any reason is transferred to the other, or to the others in proportion to the interest of each in the remaining part of the property held concurrently.   (2) Subject to Title 70, chapter 21, a beneficiary takes the property subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests to which the property is subject at the transferor's death. For purposes of this subsection and Title 70, chapter 21, the recording of the transfer on death deed is deemed to have occurred at the transferor's death.   (3) If a transferor is a joint owner and is:   (a) survived by one or more other joint owners, the property that is the subject of a transfer on death deed belongs to the surviving joint owner or owners with right of survivorship; or   (b) the last surviving joint owner, the transfer on death deed is effective.   (4) A transfer on death deed transfers property without covenant or warranty of title even if the deed contains a contrary provision.   History: En. Sec. 95, Ch. 313, L. 2019; amd. Sec. 1, Ch. 143, L. 2021.
MT Code § 72-6-413 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-413. Disclaimer

  72-6-413. Disclaimer. A beneficiary may disclaim all or part of the beneficiary's interest as provided by 72-2-817 through 72-2-833, the Uniform Disclaimer of Property Interests Act.   History: En. Sec. 96, Ch. 313, L. 2019.
MT Code § 72-6-414 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-414. Liability for creditor claims and statutory allowances

  72-6-414. Liability for creditor claims and statutory allowances. A beneficiary of a transfer on death deed is liable for an allowed claim against the transferor's probate estate and statutory allowances to a surviving spouse and children to the extent provided in 72-6-112.   History: En. Sec. 97, Ch. 313, L. 2019.
MT Code § 72-6-416 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-416. Optional form of revocation

  72-6-416. Optional form of revocation. The following form may be used to create an instrument of revocation under this part. The other sections of this part govern the effect of this or any other instrument used to revoke a transfer on death deed.  (front of form)   REVOCATION OF TRANSFER ON DEATH DEED   NOTICE TO OWNER   This revocation must be recorded before you die or it will not be effective. This revocation is effective only as to the interests in the property of owners who sign this revocation.   IDENTIFYING INFORMATION   Owner or Owners of Property Making This Revocation:   Printed name Mailing addressPrinted name Mailing address  Legal description of the property:       REVOCATION   I revoke all my previous transfers of this property by transfer on death deed.   SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION   SignatureDateSignatureDate  ACKNOWLEDGMENT   (insert acknowledgment here)   (back of form)   COMMON QUESTIONS ABOUT THE USE OF THIS FORM   How do I use this form to revoke a Transfer on Death (TOD) deed? Complete this form. Have it acknowledged before a notary public or other individual authorized to take acknowledgments. Record the form in the public records in the office of the county clerk and recorder of each county where the property is located. The form must be acknowledged and recorded before your death or it has no effect.   How do I find the "legal description" of the property? This information may be on the TOD deed. It may also be available in the office of the county clerk and recorder for the county where the property is located. If you are not absolutely sure, consult a lawyer.   How do I "record" the form? Take the completed and acknowledged form to the office of the county clerk and recorder of deeds of the county where the property is located. Follow the instructions given by the county clerk and recorder to make the form part of the official property records. If the property is located in more than one county, you should record the form in each of those counties.   I am being pressured to complete this form. What should I do? Do not complete this form under pressure. Seek help from a trusted family member, friend, or lawyer.   I have other questions about this form. What should I do? This form is designed to fit some but not all situations. If you have other questions, consult a lawyer.   History: En. Sec. 99, Ch. 313, L. 2019; amd. Sec. 3, Ch. 143, L. 2021.
MT Code § 72-6-417 (2021)
2021 Montana Code Annotated|Title 72. Estates, Trusts, and Fiduciary Relationships|Chapter 6. Nonprobate Transfers on Death|Part 4. Uniform Real Property Transfer on Death Act|72-6-417. Prior executed and recorded beneficiary deed

  72-6-417. Prior executed and recorded beneficiary deed. Any beneficiary deed that was executed and recorded prior to October 1, 2019, and which complied with the law in effect when it was recorded, shall be deemed to be a transfer on death deed for the purposes of this part.   History: En. Sec. 100, Ch. 313, L. 2019.