Probate & Trust Law Section Conference Manual ... - Minnesota CLE

TODD, the county Medical Assistance collection unit might have a claim
against the real property described in the TODD. See generally, Minn.
Stat. § 256B.15 regarding collection of Medical Assistance claims. A
medical assistance claim survives the effective date of a TODD.
Authority: Minn. Stat. § 507.071, Subd. 3.
M. AFFIDAVIT OF IDENTITY AND SURVIVORSHIP AND
CERTIFICATE OF CLEARANCE FOR MEDICAL ASSISTANCE
CLAIM
How is title established in the beneficiary after the death of the Grantor
Owner?
The statute provides that an Affidavit of Identity and Survivorship, a
certified copy of a death certificate, and a clearance certificate must be
obtained and recorded in each county in which the real estate is located.
This author recommends combining and recording these documents a one
document. The Registrar of Titles will not issue a new certificate of title
in the name of the beneficiary until all of these documents, including the
clearance certificate, have been recorded. This author recommends using
the Series 10.8 Uniform Conveyancing Blanks form of Affidavit of
Identity and Survivorship for Transfer on Death Deed and Clearance
Certificate for Public/Medical Assistance.
Authority: Minn. Stat. § 507.071, Subds. 20 and 23.
N. DEATH OF BENEFICIARY
What happens if a Grantee Beneficiary dies before the Grantor Owner?
If a designated Grantee Beneficiary dies before the Grantor Owner, the
result depends on the language used in the TODD and the application of
the anti-lapse and lapse provisions found in Minn. Stat. § 507.071, Subds.
11 and 12, respectively.
Only One Grantee Beneficiary:
If the TODD specifies that the Grantee Beneficiary takes title only if the
Grantee Beneficiary survives the Grantor Owner, then the conveyance to
the Grantee Beneficiary will not be effective and the TODD might be
ineffective to convey the property described in the TODD unless other
provisions in the TODD pass title to a successor beneficiary as allowed by
Minn. Stat. § 507.071, Subd. 5, or the anti-lapse provisions in Minn. Stat.
§ 507.071, Subd. 11 apply.
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