KANSAS OFFICE of
  REVISOR of STATUTES

  

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59-3504. Same; vesting of ownership in beneficiary; grantee beneficiary. (a) Title to the interest in real estate recorded in transfer-on-death form shall vest in the designated grantee beneficiary or beneficiaries on the death of the record owner.

(b) Grantee beneficiaries of a transfer-on-death deed take the record owner's interest in the real estate at death subject to all conveyances, assignments, contracts, mortgages, liens and security pledges made by the record owner or to which the record owner was subject during the record owner's lifetime including, but not limited to, any executory contract of sale, option to purchase, lease, license, easement, mortgage, deed of trust or lien, claims of the state of Kansas for medical assistance, as defined in K.S.A. 39-702, and amendments thereto, pursuant to K.S.A. 39-709, and amendments thereto, and to any interest conveyed by the record owner that is less than all of the record owner's interest in the property.

(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, the transfer shall lapse.

History: L. 1997, ch. 176, § 4; L. 2015, ch. 42, § 19; July 1.

Law Review and Bar Journal References:

"Title Standards Committee releases TOD changes," 66 J.K.B.A. No. 9, 13 (1997).

CASE ANNOTATIONS

1. Where record owner conveyed entire property into a joint tenancy after previously recording a transfer-on-death deed to a beneficiary who is not one of the joint tenants, no property interest remains to be transferred on owner's death via the transfer-on-death deed. Sheils v. Wright, 51 K.A.2d 814, 817, 357 P.3d 294 (2015).


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