Bill Text: MN SF196 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Homicide victim personal property protection inventory and emergency order authorization
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-08 - HF substituted on General Orders HF161 [SF196 Detail]
Download: Minnesota-2013-SF196-Engrossed.html
1.2relating to probate; authorizing inventory and emergency order protecting
1.3specified personal property of homicide victim to preserve rights of decedent's
1.4heirs and beneficiaries; adding notice of rights and procedures to crime victims'
1.5chapter;amending Minnesota Statutes 2012, sections 524.2-803; 524.3-614;
1.6524.3-615; 611A.02, subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 524.2-803, is amended to read:
1.9524.2-803 EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS,
1.10JOINT ASSETS, LIFE INSURANCE AND BENEFICIARY DESIGNATIONS;
1.11EMERGENCY ORDER.
1.12(a) A surviving spouse, heir or devisee who feloniously and intentionally kills the
1.13decedent is not entitled to any benefits under the will or under this article, including an
1.14intestate share, an elective share, an omitted spouse's or child's share, homestead, exempt
1.15property, and a family allowance, and the estate of decedent passes as if the killer had
1.16predeceased the decedent. Property appointed by the will of the decedent to or for the
1.17benefit of the killer passes as if the killer had predeceased the decedent.
1.18(b) Any joint tenant who feloniously and intentionally kills another joint tenant
1.19thereby effects a severance of the interest of the decedent so that the share of the
1.20decedent passes as the decedent's property and the killer has no rights by survivorship.
1.21This provision applies to joint tenancies in real and personal property, joint accounts in
1.22banks, savings associations, credit unions and other institutions, and any other form of
1.23co-ownership with survivorship incidents.
1.24(c) A named beneficiary of a bond or other contractual arrangement who feloniously
1.25and intentionally kills the principal obligee is not entitled to any benefit under the bond or
2.1other contractual arrangement and it becomes payable as though the killer had predeceased
2.2the decedent.
2.3(d) A named beneficiary of a life insurance policy who feloniously and intentionally
2.4kills the person upon whose life the policy is issued is not entitled to any benefit under
2.5the policy and the proceeds of the policy shall be paid and distributed by order of the
2.6court as hereinafter provided. If a person who feloniously and intentionally kills a person
2.7upon whose life a life insurance policy is issued is a beneficial owner as shareholder,
2.8partner or beneficiary of a corporation, partnership, trust or association which is the named
2.9beneficiary of the life insurance policy, to the extent of the killer's beneficial ownership of
2.10the corporation, partnership, trust or association, the proceeds of the policy shall be paid
2.11and distributed by order of the court as hereinafter provided.
2.12Upon receipt of written notice by the insurance company at its home office that
2.13the insured may have been intentionally and feloniously killed by one or more named
2.14beneficiaries or that the insured may have been intentionally and feloniously killed by
2.15one or more persons who have a beneficial ownership in a corporation, partnership, trust
2.16or association, which is the named beneficiary of the life insurance policy, the insurance
2.17company shall, pending court order, withhold payment of the policy proceeds to all
2.18beneficiaries. In the event that the notice has not been received by the insurance company
2.19before payment of the policy proceeds, the insurance company shall be fully and finally
2.20discharged and released from any and all responsibility under the policy to the extent
2.21that the policy proceeds have been paid.
2.22The named beneficiary, the insurance company or any other party claiming an
2.23interest in the policy proceeds may commence an action in the district court to compel
2.24payment of the policy proceeds. The court may order the insurance company to pay
2.25the policy proceeds to any person equitably entitled thereto, including the deceased
2.26insured's spouse, children, issue, parents, creditors or estate, and may order the insurance
2.27company to pay the proceeds of the policy to the court pending the final determination
2.28of distribution of the proceeds by the court. The insurance company, upon receipt of a
2.29court order, judgment or decree ordering payment of the policy proceeds, shall pay the
2.30policy proceeds according to the terms of the order, and upon payment of such proceeds
2.31according to the terms of the court order, shall be fully and completely discharged and
2.32released from any and all responsibility for payment under the policy.
2.33(e) Any other acquisition of property or interest by the killer shall be treated in
2.34accordance with the principles of this section.
2.35(f) A final judgment of conviction of felonious and intentional killing is conclusive
2.36for purposes of this section. In the absence of a conviction of felonious and intentional
3.1killing the court may determine by a preponderance of evidence whether the killing was
3.2felonious and intentional for purposes of this section.
3.3(g) This section does not affect the rights of any person who, before rights under
3.4this section have been adjudicated, purchases from the killer for value and without notice
3.5property which the killer would have acquired except for this section, but the killer is
3.6liable for the amount of the proceeds or the value of the property. Any insurance company,
3.7bank, or other obligor making payment according to the terms of its policy or obligation
3.8is not liable by reason of this section unless prior to payment it has received at its home
3.9office or principal address written notice of a claim under this section.
3.10(h) If a complaint or indictment is issued charging a defendant in the felonious and
3.11intentional killing of the decedent, the personal representative, special administrator, or
3.12an interested person may file with the court a copy of the complaint or indictment and
3.13an inventory of the decedent's personal property that may be affected by a determination
3.14under this section, including the following:
3.15(1) personal property that is the subject of a specific devise under the decedent's will
3.16or separate writing under section 524.2-513;
3.17(2) exempt property identified in section 524.2-403;
3.18(3) personal property claimed to have sentimental value to an eligible child under
3.19section 525.152; or
3.20(4) any other personal property believed, in good faith, to belong to the decedent.
3.21The person filing the inventory shall attest that the inventory is correct and complete
3.22to the best of the person's knowledge. The inventory and affidavit shall be filed with
3.23the court administrator.
3.24(i) Upon motion of the personal representative, special administrator, or an interested
3.25person, and for good cause shown, the court may issue an order regarding property
3.26identified under paragraph (h) that includes any or all of the following relief:
3.27(1) reserving a determination of distribution of property;
3.28(2) holding the property in trust or escrow for any and all beneficiaries or heirs
3.29not disqualified by this section;
3.30(3) prohibiting the sale, disposition, removal, transfer, or destruction of the property;
3.31(4) permitting the sale, disposition, removal, or transfer of property jointly held by
3.32the decedent and a person disqualified under this section only to the extent necessary for
3.33reasonable and ordinary living expenses by the disqualified individual, subject to approval
3.34and on the terms the court deems just and proper; or
3.35(5) any other relief prescribed by the court.
4.1An order may be granted without notice to other interested persons if the court finds from
4.2affidavit or other sworn testimony that the rights of decedent's heirs and beneficiaries may
4.3be irreparably harmed before a hearing can be held. If an ex parte order is granted, notice
4.4must be given to interested persons known by the court and as the court directs within 48
4.5hours of issuing the order and the court shall hold a hearing within five days of issuing the
4.6order. In all other cases, reasonable notice of the time and place of hearing on the petition
4.7must be given to interested persons known by the court and as the court directs. An order
4.8issued under this paragraph shall be effective pending a final determination under this
4.9section unless the court specifies a shorter time period or rescinds the order.
4.10 Sec. 2. Minnesota Statutes 2012, section 524.3-614, is amended to read:
4.11524.3-614 SPECIAL ADMINISTRATOR; APPOINTMENT.
4.12A special administrator may be appointed:
4.13(1) informally by the registrar on the application of any interested person when
4.14necessary to protect the estate of a decedent prior to the appointment of a general personal
4.15representative, when necessary to protect the estate of a decedent due to circumstances
4.16described in section 524.2-803, or if a prior appointment has been terminated as provided
4.17in section524.3-609 ;
4.18(2) in a formal proceeding by order of the court on the petition of any interested
4.19person and finding, after notice and hearing, that appointment is necessary to preserve the
4.20estate or to secure its proper administration including its administration in circumstances
4.21where a general personal representative cannot or should not act. If it appears to the
4.22court that an emergency exists or that section 524.2-803 may apply, appointment may be
4.23ordered without notice.
4.24 Sec. 3. Minnesota Statutes 2012, section 524.3-615, is amended to read:
4.25524.3-615 SPECIAL ADMINISTRATOR; WHO MAY BE APPOINTED.
4.26(a) Except as provided in paragraph (b), if a special administrator is to be appointed
4.27pending the probate of a will which is the subject of a pending application or petition for
4.28probate, the person named executor in the will shall be appointed if available, and qualified.
4.29(b) In cases where the court determines a personal representative named in a will may
4.30not be entitled to benefits pursuant to section 524.2-803, the court may appoint a qualified
4.31neutral, professional fiduciary, or an interested person to serve as special administrator.
4.32(c) In other cases, any proper person may be appointed special administrator.
4.33 Sec. 4. Minnesota Statutes 2012, section 611A.02, subdivision 2, is amended to read:
5.1 Subd. 2. Victims' rights. (a) TheCrime Victim and Witness Advisory Council
5.2 Office of Justice Programs in the Department of Public Safety shall develop two model
5.3notices of the rights of crime victims.
5.4(b) The initial notice of the rights of crime victims must be distributed by a peace
5.5officer to each victim, as defined in section611A.01 , at the time of initial contact with the
5.6victim. The notice must inform a victim of:
5.7(1) the victim's right to apply for reparations to cover losses, not including property
5.8losses, resulting from a violent crime and the telephone number to call to request an
5.9application;
5.10(2) the victim's right to request that the law enforcement agency withhold public
5.11access to data revealing the victim's identity under section13.82, subdivision 17 ,
5.12paragraph (d);
5.13(3) the additional rights of domestic abuse victims as described in section629.341 ;
5.14(4) information on the nearest crime victim assistance program or resource;and
5.15(5) the victim's rights, if an offender is charged, to be informed of and participate in
5.16the prosecution process, including the right to request restitution.; and
5.17(6) in homicide cases, information on rights and procedures available under sections
5.18524.2-803, 524.3-614, and 524.3-615.
5.19(c) A supplemental notice of the rights of crime victims must be distributed by the
5.20city or county attorney's office to each victim, within a reasonable time after the offender
5.21is charged or petitioned. This notice must inform a victim of all the rights of crime victims
5.22under this chapter.
5.23EFFECTIVE DATE.This section is effective July 1, 2014.
5.24 Sec. 5. USE OF EXISTING SUPPLY.
5.25A law enforcement agency, city attorney's office, or county attorney's office may
5.26exhaust existing notices before producing materials with the modifications required by
5.27section 4.
1.3specified personal property of homicide victim to preserve rights of decedent's
1.4heirs and beneficiaries; adding notice of rights and procedures to crime victims'
1.5chapter;amending Minnesota Statutes 2012, sections 524.2-803; 524.3-614;
1.6524.3-615; 611A.02, subdivision 2.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 524.2-803, is amended to read:
1.9524.2-803 EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS,
1.10JOINT ASSETS, LIFE INSURANCE AND BENEFICIARY DESIGNATIONS;
1.11EMERGENCY ORDER.
1.12(a) A surviving spouse, heir or devisee who feloniously and intentionally kills the
1.13decedent is not entitled to any benefits under the will or under this article, including an
1.14intestate share, an elective share, an omitted spouse's or child's share, homestead, exempt
1.15property, and a family allowance, and the estate of decedent passes as if the killer had
1.16predeceased the decedent. Property appointed by the will of the decedent to or for the
1.17benefit of the killer passes as if the killer had predeceased the decedent.
1.18(b) Any joint tenant who feloniously and intentionally kills another joint tenant
1.19thereby effects a severance of the interest of the decedent so that the share of the
1.20decedent passes as the decedent's property and the killer has no rights by survivorship.
1.21This provision applies to joint tenancies in real and personal property, joint accounts in
1.22banks, savings associations, credit unions and other institutions, and any other form of
1.23co-ownership with survivorship incidents.
1.24(c) A named beneficiary of a bond or other contractual arrangement who feloniously
1.25and intentionally kills the principal obligee is not entitled to any benefit under the bond or
2.1other contractual arrangement and it becomes payable as though the killer had predeceased
2.2the decedent.
2.3(d) A named beneficiary of a life insurance policy who feloniously and intentionally
2.4kills the person upon whose life the policy is issued is not entitled to any benefit under
2.5the policy and the proceeds of the policy shall be paid and distributed by order of the
2.6court as hereinafter provided. If a person who feloniously and intentionally kills a person
2.7upon whose life a life insurance policy is issued is a beneficial owner as shareholder,
2.8partner or beneficiary of a corporation, partnership, trust or association which is the named
2.9beneficiary of the life insurance policy, to the extent of the killer's beneficial ownership of
2.10the corporation, partnership, trust or association, the proceeds of the policy shall be paid
2.11and distributed by order of the court as hereinafter provided.
2.12Upon receipt of written notice by the insurance company at its home office that
2.13the insured may have been intentionally and feloniously killed by one or more named
2.14beneficiaries or that the insured may have been intentionally and feloniously killed by
2.15one or more persons who have a beneficial ownership in a corporation, partnership, trust
2.16or association, which is the named beneficiary of the life insurance policy, the insurance
2.17company shall, pending court order, withhold payment of the policy proceeds to all
2.18beneficiaries. In the event that the notice has not been received by the insurance company
2.19before payment of the policy proceeds, the insurance company shall be fully and finally
2.20discharged and released from any and all responsibility under the policy to the extent
2.21that the policy proceeds have been paid.
2.22The named beneficiary, the insurance company or any other party claiming an
2.23interest in the policy proceeds may commence an action in the district court to compel
2.24payment of the policy proceeds. The court may order the insurance company to pay
2.25the policy proceeds to any person equitably entitled thereto, including the deceased
2.26insured's spouse, children, issue, parents, creditors or estate, and may order the insurance
2.27company to pay the proceeds of the policy to the court pending the final determination
2.28of distribution of the proceeds by the court. The insurance company, upon receipt of a
2.29court order, judgment or decree ordering payment of the policy proceeds, shall pay the
2.30policy proceeds according to the terms of the order, and upon payment of such proceeds
2.31according to the terms of the court order, shall be fully and completely discharged and
2.32released from any and all responsibility for payment under the policy.
2.33(e) Any other acquisition of property or interest by the killer shall be treated in
2.34accordance with the principles of this section.
2.35(f) A final judgment of conviction of felonious and intentional killing is conclusive
2.36for purposes of this section. In the absence of a conviction of felonious and intentional
3.1killing the court may determine by a preponderance of evidence whether the killing was
3.2felonious and intentional for purposes of this section.
3.3(g) This section does not affect the rights of any person who, before rights under
3.4this section have been adjudicated, purchases from the killer for value and without notice
3.5property which the killer would have acquired except for this section, but the killer is
3.6liable for the amount of the proceeds or the value of the property. Any insurance company,
3.7bank, or other obligor making payment according to the terms of its policy or obligation
3.8is not liable by reason of this section unless prior to payment it has received at its home
3.9office or principal address written notice of a claim under this section.
3.10(h) If a complaint or indictment is issued charging a defendant in the felonious and
3.11intentional killing of the decedent, the personal representative, special administrator, or
3.12an interested person may file with the court a copy of the complaint or indictment and
3.13an inventory of the decedent's personal property that may be affected by a determination
3.14under this section, including the following:
3.15(1) personal property that is the subject of a specific devise under the decedent's will
3.16or separate writing under section 524.2-513;
3.17(2) exempt property identified in section 524.2-403;
3.18(3) personal property claimed to have sentimental value to an eligible child under
3.19section 525.152; or
3.20(4) any other personal property believed, in good faith, to belong to the decedent.
3.21The person filing the inventory shall attest that the inventory is correct and complete
3.22to the best of the person's knowledge. The inventory and affidavit shall be filed with
3.23the court administrator.
3.24(i) Upon motion of the personal representative, special administrator, or an interested
3.25person, and for good cause shown, the court may issue an order regarding property
3.26identified under paragraph (h) that includes any or all of the following relief:
3.27(1) reserving a determination of distribution of property;
3.28(2) holding the property in trust or escrow for any and all beneficiaries or heirs
3.29not disqualified by this section;
3.30(3) prohibiting the sale, disposition, removal, transfer, or destruction of the property;
3.31(4) permitting the sale, disposition, removal, or transfer of property jointly held by
3.32the decedent and a person disqualified under this section only to the extent necessary for
3.33reasonable and ordinary living expenses by the disqualified individual, subject to approval
3.34and on the terms the court deems just and proper; or
3.35(5) any other relief prescribed by the court.
4.1An order may be granted without notice to other interested persons if the court finds from
4.2affidavit or other sworn testimony that the rights of decedent's heirs and beneficiaries may
4.3be irreparably harmed before a hearing can be held. If an ex parte order is granted, notice
4.4must be given to interested persons known by the court and as the court directs within 48
4.5hours of issuing the order and the court shall hold a hearing within five days of issuing the
4.6order. In all other cases, reasonable notice of the time and place of hearing on the petition
4.7must be given to interested persons known by the court and as the court directs. An order
4.8issued under this paragraph shall be effective pending a final determination under this
4.9section unless the court specifies a shorter time period or rescinds the order.
4.10 Sec. 2. Minnesota Statutes 2012, section 524.3-614, is amended to read:
4.11524.3-614 SPECIAL ADMINISTRATOR; APPOINTMENT.
4.12A special administrator may be appointed:
4.13(1) informally by the registrar on the application of any interested person when
4.14necessary to protect the estate of a decedent prior to the appointment of a general personal
4.15representative, when necessary to protect the estate of a decedent due to circumstances
4.16described in section 524.2-803, or if a prior appointment has been terminated as provided
4.17in section
4.18(2) in a formal proceeding by order of the court on the petition of any interested
4.19person and finding, after notice and hearing, that appointment is necessary to preserve the
4.20estate or to secure its proper administration including its administration in circumstances
4.21where a general personal representative cannot or should not act. If it appears to the
4.22court that an emergency exists or that section 524.2-803 may apply, appointment may be
4.23ordered without notice.
4.24 Sec. 3. Minnesota Statutes 2012, section 524.3-615, is amended to read:
4.25524.3-615 SPECIAL ADMINISTRATOR; WHO MAY BE APPOINTED.
4.26(a) Except as provided in paragraph (b), if a special administrator is to be appointed
4.27pending the probate of a will which is the subject of a pending application or petition for
4.28probate, the person named executor in the will shall be appointed if available, and qualified.
4.29(b) In cases where the court determines a personal representative named in a will may
4.30not be entitled to benefits pursuant to section 524.2-803, the court may appoint a qualified
4.31neutral, professional fiduciary, or an interested person to serve as special administrator.
4.32(c) In other cases, any proper person may be appointed special administrator.
4.33 Sec. 4. Minnesota Statutes 2012, section 611A.02, subdivision 2, is amended to read:
5.1 Subd. 2. Victims' rights. (a) The
5.2 Office of Justice Programs in the Department of Public Safety shall develop two model
5.3notices of the rights of crime victims.
5.4(b) The initial notice of the rights of crime victims must be distributed by a peace
5.5officer to each victim, as defined in section
5.6victim. The notice must inform a victim of:
5.7(1) the victim's right to apply for reparations to cover losses, not including property
5.8losses, resulting from a violent crime and the telephone number to call to request an
5.9application;
5.10(2) the victim's right to request that the law enforcement agency withhold public
5.11access to data revealing the victim's identity under section
5.12paragraph (d);
5.13(3) the additional rights of domestic abuse victims as described in section
5.14(4) information on the nearest crime victim assistance program or resource;
5.15(5) the victim's rights, if an offender is charged, to be informed of and participate in
5.16the prosecution process, including the right to request restitution
5.17(6) in homicide cases, information on rights and procedures available under sections
5.18524.2-803, 524.3-614, and 524.3-615.
5.19(c) A supplemental notice of the rights of crime victims must be distributed by the
5.20city or county attorney's office to each victim, within a reasonable time after the offender
5.21is charged or petitioned. This notice must inform a victim of all the rights of crime victims
5.22under this chapter.
5.23EFFECTIVE DATE.This section is effective July 1, 2014.
5.24 Sec. 5. USE OF EXISTING SUPPLY.
5.25A law enforcement agency, city attorney's office, or county attorney's office may
5.26exhaust existing notices before producing materials with the modifications required by
5.27section 4.
