Maine Revised Statutes Title 18-C Sec. 6-411 – Revocation by instrument authorized; revocation by act not permitted
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1. Revocation by instrument. Subject to subsection 2, an instrument is effective to revoke a recorded transfer on death deed, or any part of it, only if the instrument:
A. Is one of the following:
(1) A transfer on death deed that revokes the deed or part of the deed expressly or by inconsistency;
(2) An instrument of revocation that expressly revokes the deed or part of the deed; or
(3) An inter vivos deed that expressly revokes the transfer on death deed or part of the deed; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Is acknowledged by the transferor after the acknowledgment of the deed being revoked and recorded before the transferor’s death in the registry of deeds in the county where the deed is recorded. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Terms Used In Maine Revised Statutes Title 18-C Sec. 6-411
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Inter vivos: Transfer of property from one living person to another living person.
- Property: means an interest in real property located in this State that is transferable on the death of the owner. See Maine Revised Statutes Title 18-C Sec. 6-402
- Transfer on death deed: means a deed authorized under this Part. See Maine Revised Statutes Title 18-C Sec. 6-402
- Transferor: means an individual who makes a transfer on death deed. See Maine Revised Statutes Title 18-C Sec. 6-402
2. More than one transferor. If a transfer on death deed is made by more than one transferor:
A. Revocation by a transferor does not affect the deed as to the interest of another transferor; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. A deed of joint owners is revoked only if it is revoked by all of the living joint owners. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3. Revocation after recorded. After a transfer on death deed is recorded, it may not be revoked by a revocatory act on the deed.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4. Inter vivos transfer. As described in section 6-412, this section does not limit the effect of an inter vivos transfer of the property.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).