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Bulletin: MT2015001

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Bulletin: MT2015001

v 2
Date: February 05, 2015
To: All Montana Issuing Offices
RE: UNDERWRITING - Beneficiary Deeds

Dear Associates:

Montana has recognized beneficiary deeds since the enactment of M.C.A. § 72-6-121, effective October 1, 2007. A beneficiary deed allows an owner of property to pass title to one or more designated beneficiaries upon the owner's death and is a mechanism for avoiding probate. The bene...

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

Statutory Forms

 

   Beneficiary Deed
         I (we) ............(owner) herby convey to ..................(grantee beneficiary) effective on my
(our) death the following described real property:
         (Legal description)
         If a grantee beneficiary predeceases the owner, the conveyance to that grantee beneficiary must either (choose one):
         [                   ]Become void.
         [                                ]Become part of the estate of the grantee beneficiary.
         ………………….
         (Dated)
         ………………
         (Signature of grantor(s))
         (acknowledgment) 

 

 

   Revocation of Beneficiary Deed
         The undersigned hereby revokes the beneficiary deed recorded on …(date), in docket or
book……….at page……., or instrument number……records of……..County, Montana,
concerning the following described real property:
         (Legal description)
         Dated:…………………..
         ………………………
         Signature
         (acknowledgment)

 

References
Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
Exceptions Manual:
None
Forms:
None