reglab/housing_qa huggingface dataset:
CO Code § 15-15-404 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-404. Form of Beneficiary Deed - Recording

  An owner may transfer an interest in real property effective on the death of the owner by executing a beneficiary deed that contains the words “conveys on death” or “transfers on death” or otherwise indicates the transfer is to be effective on the death of the owner and recording the beneficiary deed prior to the death of the owner in the office of the clerk and recorder in the county where the real property is located. A beneficiary deed may be in substantially the following form:    Unless the owner designates otherwise in a beneficiary deed, a beneficiary deed shall not be deemed to contain any warranties of title and shall have the same force and effect as a conveyance made using a bargain and sale deed.      BENEFICIARY DEED () §§ 15-15-401 , et seq., Colorado Revised Statutes CAUTION: THIS DEED MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE. , as grantor, (Name of grantor) designates as (Name of grantee-beneficiary) grantee-beneficiary whose address is (Note to Assessor and Treasurer: This address is for identification purposes only, all notices and tax statements should continue to be sent to grantor.) (Optional) [or if grantee-beneficiary fails to survive grantor, grantor designates successor grantee-beneficiary whose address is ] (Name of successor grantee-beneficiary) and grantor transfers, sells, and conveys on grantor's death to the grantee-beneficiary, the following described real property located in the County of, State of Colorado: (insert legal description here) Known and numbered as THIS BENEFICIARY DEED IS REVOCABLE. IT DOES NOT TRANSFER ANY OWNERSHIP UNTIL THE DEATH OF THE GRANTOR. IT REVOKES ALL PRIOR BENEFICIARY DEEDS BY THIS GRANTOR FOR THIS REAL PROPERTY EVEN IF THIS BENEFICIARY DEED FAILS TO CONVEY ALL OF THE GRANTOR'S INTEREST IN THIS REAL PROPERTY. WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY DISQUALIFY THE GRANTOR FROM BEING DETERMINED ELIGIBLE FOR, OR FROM RECEIVING, MEDICAID UNDER TITLE 25.5, COLORADO REVISED STATUTES. WARNING: EXECUTION OF THIS BENEFICIARY DEED MAY NOT AVOID PROBATE. Executed this (Date) (Grantor)   History. Source: L. 2004: Entire part added, p. 728, § 1, effective August 4. L. 2018: (1) amended,(HB 18-1375), ch. 274, p.1697, § 13, effective May 29.
CO Code § 15-15-405 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-405. Revocation - Change - Revocation by Will Prohibited

  An owner may revoke a beneficiary deed by executing an instrument that describes the real property affected, that revokes the deed, and that is recorded prior to the death of the owner in the office of the clerk and recorder in the county where the real property is located. The joinder, signature, consent, agreement of, or notice to, the grantee-beneficiary is not required for the revocation to be effective. A revocation may be in substantially the following form:    A subsequent beneficiary deed revokes all prior grantee-beneficiary designations by the owner for the described real property in their entirety even if the subsequent beneficiary deed fails to convey all of the owner's interest in the described real property. The joinder, signature, consent, or agreement of, or notice to, either the original or new granteebeneficiary is not required for the change to be effective.    The most recently executed beneficiary deed or revocation of all beneficiary deeds or revocations that have been recorded prior to the owner's death shall control regardless of the order of recording.    A beneficiary deed that complies with the requirements of this part 4 may not be revoked, altered, or amended by the provisions of the will of the owner.      REVOCATION OF BENEFICIARY DEED () §§ 15-15-401 , et seq., Colorado Revised Statutes CAUTION: THIS REVOCATION MUST BE RECORDED PRIOR TO THE DEATH OF THE GRANTOR IN ORDER TO BE EFFECTIVE. , as grantor, hereby (Name of grantor) REVOKES all beneficiary deeds concerning the following described real property located in the County of , State of Colorado: (insert legal description here) Known and numbered as Executed this (Date) (Grantor)   History. Source: L. 2004: Entire part added, p. 729, § 1, effective August 4.
CO Code § 15-15-406 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-406. Acknowledgment

 A beneficiary deed or revocation of a beneficiary deed shall be subject to the requirements of section 38-35-109 (2) , C.R.S., and may be acknowledged in accordance with section 38-35-101 , C.R.S.   History. Source: L. 2004: Entire part added, p. 730, § 1, effective August 4.
CO Code § 15-15-407 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-407. Vesting of Ownership in Grantee-Beneficiary

  Title to the interest in real property transferred by a beneficiary deed shall vest in the designated grantee-beneficiary only on the death of the owner.    A grantee-beneficiary of a beneficiary deed takes title to the owner's interest in the real property conveyed by the beneficiary deed at the death of the owner subject to all conveyances, encumbrances, assignments, contracts, mortgages, liens, and other interests, affecting title to the property, whether created before or after the recording of the beneficiary deed, or to which the owner was subject during the owner's lifetime including, but not limited to, any executory contract of sale, option to purchase, lease, license, easement, mortgage, deed of trust, or other lien. The grantee-beneficiary also takes title subject to any interest in the property of which the grantee-beneficiary has either actual or constructive notice.      A person having an interest described in subsection (2) of this section whose interest is not recorded in the records of the office of the clerk and recorder of the county in which the property is located at the time of the death of the owner, shall record evidence or a notice of the interest in the property not later than four months after the death of the owner. The notice shall name the person asserting the interest, describe the real property, and describe the nature of the interest asserted.    Failure to record evidence or notice of interest in the property described in subsection (2) of this section within four months after the death of the owner shall forever bar the person from asserting an interest in the property as against all persons who do not have notice of the interest. A person who, without notice, obtains an interest in the property acquired by the grantee-beneficiary shall take the interest free from all persons who have not recorded their notice of interest in the property or evidence of their interest prior to the expiration of the four-month period.       The interest of the grantee-beneficiary shall be subject to any claim of the department of health care policy and financing for recovery of medical assistance payments pursuant to section 25.5-4-301 or 25.5-4-302, C.R.S., which shall be enforced in accordance with section 15-15-103.    The provisions of any anti-lapse statute shall not apply to beneficiary deeds. If one of multiple grantee-beneficiaries fails 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.      History. Source: L. 2004: Entire part added, p. 730, § 1, effective August 4. L. 2006: (4) amended, p. 2004, § 56, effective July 1. L. 2007: (4) amended, p. 2028, § 31, effective June 1.
CO Code § 15-15-408 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-408. Joint Tenancy - Definitions

  A joint tenant of an interest in real property may use the procedures described in this part 4 to transfer his or her interest effective upon the death of such joint tenant. However, title to the interest shall vest in the designated grantee-beneficiary only if the joint tenant-grantor is the last to die of all of the joint tenants of such interest. If a joint tenant-grantor is not the last joint tenant to die, the beneficiary deed shall not be effective, and the beneficiary deed shall not make the grantee-beneficiary an owner in joint tenancy with the surviving joint tenant or tenants. A beneficiary deed shall not sever a joint tenancy.    As used in this section, “joint tenant” means a person who owns an interest in real property as a joint tenant with right of survivorship.     History. Source: L. 2004: Entire part added, p. 731, § 1, effective August 4.
CO Code § 15-15-410 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-410. Purchaser From Grantee-Beneficiary Protected

  Subject to the rights of claimants under section 15-15-407 (2), if the property acquired by a grantee-beneficiary or a security interest therein is acquired for value and without notice by a purchaser from, or lender to, a grantee-beneficiary, the purchaser or lender shall take title free of rights of an interested person in the deceased owner's estate and shall not incur personal liability to the estate or to any interested person.    For purposes of this section, any recorded instrument evidencing a transfer to a purchaser from, or lender to, a grantee-beneficiary on which a state documentary fee is noted pursuant to section 39-13-103, C.R.S., shall be prima facie evidence that the transfer was made for value. Any such sale or loan by the grantee-beneficiary shall not relieve the grantee-beneficiary of the obligation to the personal representative of the deceased owner's estate under section 15-15-103.     History. Source: L. 2004: Entire part added, p. 732, § 1, effective August 4. L. 2007: (2) amended, p. 2028, § 32, effective June 1.
CO Code § 15-15-411 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-411. Limitations on Actions and Proceedings Against Grantee-Beneficiaries

  Unless previously adjudicated or otherwise barred, the claim of a claimant to recover from a grantee-beneficiary who is liable to pay the claim, and the right of an heir or devisee or of a personal representative acting on behalf of an heir or devisee, to recover property from a grantee-beneficiary or the value thereof from a grantee-beneficiary is forever barred as follows:   A claim by a creditor of the owner is forever barred at one year after the owner's death.    Any other claimant or an heir or devisee is forever barred at the earlier of the following:   Three years after the owner's death; or    One year after the time of recording the proof of death of the owner in the office of the clerk and recorder in the county in which the legal property is located.          Nothing in this section shall be construed to bar an action to recover property or value received as the result of fraud.     History. Source: L. 2004: Entire part added, p. 733, § 1, effective August 4.
CO Code § 15-15-412 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-412. Nontestamentary Disposition

 A beneficiary deed shall not be construed to be a testamentary disposition and shall not be invalidated due to nonconformity with the provisions of the code governing wills.   History. Source: L. 2004: Entire part added, p. 733, § 1, effective August 4. L. 2019: Entire section amended, (SB 19-241), ch. 390, p. 3464, § 10, effective August 2.
CO Code § 15-15-413 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-413. Proof of Death

 Proof of the death of the owner or a grantee-beneficiary shall be established in the same manner as for proving the death of a joint tenant.   History. Source: L. 2004: Entire part added, p. 733, § 1, effective August 4.
CO Code § 15-15-414 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-414. Disclaimer

 A grantee-beneficiary may refuse to accept all or any part of the real property interest described in a beneficiary deed. A grantee-beneficiary may disclaim all or any part of the real property interest described in a beneficiary deed by any method provided by law. If a grantee-beneficiary refuses to accept or disclaims any real property interest, the grantee-beneficiary shall have no liability by reason of being designated as a grantee-beneficiary under this part 4.   History. Source: L. 2004: Entire part added, p. 733, § 1, effective August 4.
CO Code § 15-15-415 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 15 - Nonprobate Transfers on Death|Part 4 - Transfer of Real Property Effective on Death|§ 15-15-415. Applicability

 The provisions of this part 4 shall apply to beneficiary deeds executed by owners who die on or after August 4, 2004.   History. Source: L. 2004: Entire part added, p. 733, § 1, effective August 4.
CO Code § 15-16-801 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 16 - Trust Administration|Part 8 - Colorado Uniform Directed Trust Act|§ 15-16-801. Short Title

 This short title of this part 8 is the “Colorado Uniform Directed Trust Act”.   History. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 166, § 1, effective August 2.
CO Code § 15-16-802 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 16 - Trust Administration|Part 8 - Colorado Uniform Directed Trust Act|§ 15-16-802. Definitions

 As used in this part 8, unless the context otherwise requires:    “Breach of trust” includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, this part 8, or law of this state other than this part 8 pertaining to trusts.    “Directed trust” means a trust for which the terms of the trust grant a power of direction.    “Directed trustee” means a trustee that is subject to a trust director's power of direction.    “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.    “Power of direction” means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee. The term includes a power over the investment, management, or distribution of trust property or other matters of trust administration. The term excludes the powers described in section 15-16-805 (2).    “Settlor” means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion.    “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.    “Terms of a trust” means:   Except as otherwise provided in subsection (8)(b) of this section, the manifestation of the settlor's intent regarding a trust's provisions as:   Expressed in the trust instrument; or    As may be established by other evidence in a judicial proceeding; or       The trust's provisions as established, determined, or amended by:   A trustee or trust director in accordance with applicable law;    Court order;    A nonjudicial settlement agreement; or    By alternative dispute resolution.          “Trust director” means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust.    “Trustee” includes an original, additional, and successor trustee, and a cotrustee.    “Willful misconduct” means intentional wrongdoing and not mere negligence, gross negligence, or recklessness.    “Wrongdoing” means malicious conduct or conduct designed to defraud or seek an unconscionable advantage.     History. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 166, § 1, effective August 2.
CO Code § 15-16-803 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 16 - Trust Administration|Part 8 - Colorado Uniform Directed Trust Act|§ 15-16-803. Application - Principal Place of Administration

  This part 8 applies to a trust, whenever created, that has its principal place of administration in this state, subject to the following rules:   If the trust was created before August 2, 2019, this part 8, as amended in 2019, applies only to a decision or action occurring on or after August 2, 2019.    If the principal place of administration of the trust is changed to this state on or after August 2, 2019, this part 8 applies only to a decision or action occurring on or after the date of the change.       Without precluding other means to establish a sufficient connection with the designated jurisdiction in a directed trust, terms of the trust that designate the principal place of administration of the trust are valid and controlling if:   A trustee's principal place of business is located in or a trustee is a resident of the designated jurisdiction;    A trust director's principal place of business is located in or a trust director is a resident of the designated jurisdiction;    All or part of the administration occurs in the designated jurisdiction; or    The trust is duly registered with a court in the designated jurisdiction.        History. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 168, § 1, effective August 2.
CO Code § 15-16-804 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 16 - Trust Administration|Part 8 - Colorado Uniform Directed Trust Act|§ 15-16-804. Common Law and Principles of Equity

 The common law and principles of equity supplement this part 8, except to the extent modified by this part 8 or law of this state other than this part 8.   History. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 168, § 1, effective August 2.
CO Code § 15-16-805 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 16 - Trust Administration|Part 8 - Colorado Uniform Directed Trust Act|§ 15-16-805. Exclusions - Definition

  In this section, “power of appointment” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.    This act does not apply to a:   Power of appointment;    Power to appoint or remove a trustee or trust director;    Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;    Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:   The beneficiary; or    Another beneficiary represented by the beneficiary under sections 15-5-301 to 15-5-305 with respect to the exercise or nonexercise of the power;       Power over a trust if:   The terms of the trust provide that the power is held in a nonfiduciary capacity; and    The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the federal “Internal Revenue Code of 1986”, as amended, and regulations issued thereunder, as amended; or       A power under section 15-5-409.5 (1)(d) to enforce the intended use of the principal and income of a trust authorized by section 15-5-408 for the care of designated domestic or pet animals and the animals' offspring in gestation, if the power is held by a person having custody of an animal for which care is provided by the trust or by a remainder beneficiary of the trust, unless the terms of the trust specifically provide that the power held by the custodian or remainder beneficiary is subject to this part 8.       Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.     History. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 168, § 1, effective August 2.
CO Code § 15-16-806 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 16 - Trust Administration|Part 8 - Colorado Uniform Directed Trust Act|§ 15-16-806. Powers of Trust Director

  Subject to section 15-16-807, the terms of a trust may grant a power of direction to a trust director.    Unless the terms of a trust provide otherwise:   A trust director may exercise any further power appropriate to the exercise or nonexercise of a power of direction granted to the director under subsection (1) of this section; and    Trust directors with joint powers must act by majority decision.        History. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 169, § 1, effective August 2.
CO Code § 15-16-807 (2021)
2021 Colorado Code|Title 15 - Probate, Trusts, and Fiduciaries|Article 16 - Trust Administration|Part 8 - Colorado Uniform Directed Trust Act|§ 15-16-807. Limitations on Powers of Trust Director

  A trust director is subject to the same rules as a trustee in a like position and under similar circumstances in the exercise or nonexercise of a power of direction regarding:   A payback provision in the terms of the trust necessary for compliance with the reimbursement requirements of medicaid law in section 1917 of the federal “Social Security Act”, 42 U.S.C. sec. 1396p (d)(4)(A), as amended, and regulations issued thereunder, as amended; and    A charitable interest in the trust, including notice regarding the interest to the attorney general.        History. Source: L. 2019: Entire part R&RE, (SB 19-105), ch. 51, p. 169, § 1, effective August 2.