Survivorship interest in manufactured homes--issuance of certificatesof ownership, requirements, restrictions.
700.630. 1. A sole owner of a manufactured home, and multiple ownersof a manufactured home who hold their interest as joint tenants with rightof survivorship or as tenants by the entirety, on application and paymentof the fee required for an original certificate of ownership, may requestthe director of revenue to issue a certificate of ownership for themanufactured home in beneficiary form which includes a directive to thedirector of revenue to transfer the certificate of ownership on death ofthe sole owner or on death of all multiple owners to one beneficiary or totwo or more beneficiaries as joint tenants with right of survivorship or astenants by the entirety named on the face of the certificate. Thedirective to the director of revenue shall also permit the beneficiary orbeneficiaries to make one reassignment of the original certificate ofownership upon the death of the owner to another owner without transferringthe certificate to the beneficiary or beneficiaries' name.
2. A certificate of ownership in beneficiary form may not be issuedto persons who hold their interest in a manufactured home as tenants incommon.
3. A certificate of ownership issued in beneficiary form shallinclude after the name of the owner, or after the names of multiple owners,the words "transfer on death to" or the abbreviation "TOD" followed by thename of the beneficiary or beneficiaries.
4. (1) During the lifetime of a sole owner and during the lifetimeof all multiple owners, or prior to the death of the last survivingmultiple owner, the signature or consent of the beneficiary orbeneficiaries shall not be required for any transaction relating to themanufactured home for which a certificate of ownership in beneficiary formhas been issued.
(2) A certificate of ownership in beneficiary form may be revoked orthe beneficiary or beneficiaries changed at any time before the death of asole owner or the last surviving multiple owner only by the followingmethods:
(a) By a sale of the manufactured home with proper assignment anddelivery of the certificate of ownership to another person; or
(b) By filing an application to reissue the certificate of ownershipwith no designation of a beneficiary or with the designation of a differentbeneficiary or beneficiaries with the director of revenue in proper formand accompanied by the payment of the fee for an original certificate ofownership.
(3) The beneficiary's or beneficiaries' interest in the manufacturedhome at death of the owner or surviving owner shall be subject to anycontract of sale, assignment of ownership or security interest to which theowner or owners of the manufactured home were subject during theirlifetime.
(4) The designation of a beneficiary or beneficiaries in acertificate of ownership issued in beneficiary form may not be changed orrevoked by a will, any other instrument, or a change in circumstances, orotherwise be changed or revoked except as provided by subdivision (2) ofthis subsection.
5. (1) On proof of death of one of the owners of two or moremultiple owners, or of a sole owner, surrender of the outstandingcertificate of ownership, and on application and payment of the fee for anoriginal certificate of ownership, the director of revenue shall issue anew certificate of ownership for the manufactured home to the survivingowner or owners or, if none, to the surviving beneficiary or beneficiaries,subject to any outstanding security interest; and the current validcertificate of number shall be so transferred. If the survivingbeneficiary or beneficiaries makes a request of the director of revenue,the director may allow the beneficiary or beneficiaries to make oneassignment of title.
(2) The director of revenue may rely on a death certificate or recordor report that constitutes prima facie proof or evidence of death undersubdivisions (1) and (2) of section 472.290, RSMo.
(3) The transfer of a manufactured home at death pursuant to thissection is not to be considered as testamentary, or to be subject to therequirements of section 473.087, RSMo, or section 474.320, RSMo.
(L. 2004 H.B. 1511 merged with S.B. 1233, et al. § 1)
Survivorship interest in manufactured homes--issuance of certificatesof ownership, requirements, restrictions.
700.630. 1. A sole owner of a manufactured home, and multiple ownersof a manufactured home who hold their interest as joint tenants with rightof survivorship or as tenants by the entirety, on application and paymentof the fee required for an original certificate of ownership, may requestthe director of revenue to issue a certificate of ownership for themanufactured home in beneficiary form which includes a directive to thedirector of revenue to transfer the certificate of ownership on death ofthe sole owner or on death of all multiple owners to one beneficiary or totwo or more beneficiaries as joint tenants with right of survivorship or astenants by the entirety named on the face of the certificate. Thedirective to the director of revenue shall also permit the beneficiary orbeneficiaries to make one reassignment of the original certificate ofownership upon the death of the owner to another owner without transferringthe certificate to the beneficiary or beneficiaries' name.
2. A certificate of ownership in beneficiary form may not be issuedto persons who hold their interest in a manufactured home as tenants incommon.
3. A certificate of ownership issued in beneficiary form shallinclude after the name of the owner, or after the names of multiple owners,the words "transfer on death to" or the abbreviation "TOD" followed by thename of the beneficiary or beneficiaries.
4. (1) During the lifetime of a sole owner and during the lifetimeof all multiple owners, or prior to the death of the last survivingmultiple owner, the signature or consent of the beneficiary orbeneficiaries shall not be required for any transaction relating to themanufactured home for which a certificate of ownership in beneficiary formhas been issued.
(2) A certificate of ownership in beneficiary form may be revoked orthe beneficiary or beneficiaries changed at any time before the death of asole owner or the last surviving multiple owner only by the followingmethods:
(a) By a sale of the manufactured home with proper assignment anddelivery of the certificate of ownership to another person; or
(b) By filing an application to reissue the certificate of ownershipwith no designation of a beneficiary or with the designation of a differentbeneficiary or beneficiaries with the director of revenue in proper formand accompanied by the payment of the fee for an original certificate ofownership.
(3) The beneficiary's or beneficiaries' interest in the manufacturedhome at death of the owner or surviving owner shall be subject to anycontract of sale, assignment of ownership or security interest to which theowner or owners of the manufactured home were subject during theirlifetime.
(4) The designation of a beneficiary or beneficiaries in acertificate of ownership issued in beneficiary form may not be changed orrevoked by a will, any other instrument, or a change in circumstances, orotherwise be changed or revoked except as provided by subdivision (2) ofthis subsection.
5. (1) On proof of death of one of the owners of two or moremultiple owners, or of a sole owner, surrender of the outstandingcertificate of ownership, and on application and payment of the fee for anoriginal certificate of ownership, the director of revenue shall issue anew certificate of ownership for the manufactured home to the survivingowner or owners or, if none, to the surviving beneficiary or beneficiaries,subject to any outstanding security interest; and the current validcertificate of number shall be so transferred. If the survivingbeneficiary or beneficiaries makes a request of the director of revenue,the director may allow the beneficiary or beneficiaries to make oneassignment of title.
(2) The director of revenue may rely on a death certificate or recordor report that constitutes prima facie proof or evidence of death undersubdivisions (1) and (2) of section 472.290, RSMo.
(3) The transfer of a manufactured home at death pursuant to thissection is not to be considered as testamentary, or to be subject to therequirements of section 473.087, RSMo, or section 474.320, RSMo.
(L. 2004 H.B. 1511 merged with S.B. 1233, et al. § 1)
Survivorship interest in manufactured homes--issuance of certificatesof ownership, requirements, restrictions.
700.630. 1. A sole owner of a manufactured home, and multiple ownersof a manufactured home who hold their interest as joint tenants with rightof survivorship or as tenants by the entirety, on application and paymentof the fee required for an original certificate of ownership, may requestthe director of revenue to issue a certificate of ownership for themanufactured home in beneficiary form which includes a directive to thedirector of revenue to transfer the certificate of ownership on death ofthe sole owner or on death of all multiple owners to one beneficiary or totwo or more beneficiaries as joint tenants with right of survivorship or astenants by the entirety named on the face of the certificate. Thedirective to the director of revenue shall also permit the beneficiary orbeneficiaries to make one reassignment of the original certificate ofownership upon the death of the owner to another owner without transferringthe certificate to the beneficiary or beneficiaries' name.
2. A certificate of ownership in beneficiary form may not be issuedto persons who hold their interest in a manufactured home as tenants incommon.
3. A certificate of ownership issued in beneficiary form shallinclude after the name of the owner, or after the names of multiple owners,the words "transfer on death to" or the abbreviation "TOD" followed by thename of the beneficiary or beneficiaries.
4. (1) During the lifetime of a sole owner and during the lifetimeof all multiple owners, or prior to the death of the last survivingmultiple owner, the signature or consent of the beneficiary orbeneficiaries shall not be required for any transaction relating to themanufactured home for which a certificate of ownership in beneficiary formhas been issued.
(2) A certificate of ownership in beneficiary form may be revoked orthe beneficiary or beneficiaries changed at any time before the death of asole owner or the last surviving multiple owner only by the followingmethods:
(a) By a sale of the manufactured home with proper assignment anddelivery of the certificate of ownership to another person; or
(b) By filing an application to reissue the certificate of ownershipwith no designation of a beneficiary or with the designation of a differentbeneficiary or beneficiaries with the director of revenue in proper formand accompanied by the payment of the fee for an original certificate ofownership.
(3) The beneficiary's or beneficiaries' interest in the manufacturedhome at death of the owner or surviving owner shall be subject to anycontract of sale, assignment of ownership or security interest to which theowner or owners of the manufactured home were subject during theirlifetime.
(4) The designation of a beneficiary or beneficiaries in acertificate of ownership issued in beneficiary form may not be changed orrevoked by a will, any other instrument, or a change in circumstances, orotherwise be changed or revoked except as provided by subdivision (2) ofthis subsection.
5. (1) On proof of death of one of the owners of two or moremultiple owners, or of a sole owner, surrender of the outstandingcertificate of ownership, and on application and payment of the fee for anoriginal certificate of ownership, the director of revenue shall issue anew certificate of ownership for the manufactured home to the survivingowner or owners or, if none, to the surviving beneficiary or beneficiaries,subject to any outstanding security interest; and the current validcertificate of number shall be so transferred. If the survivingbeneficiary or beneficiaries makes a request of the director of revenue,the director may allow the beneficiary or beneficiaries to make oneassignment of title.
(2) The director of revenue may rely on a death certificate or recordor report that constitutes prima facie proof or evidence of death undersubdivisions (1) and (2) of section 472.290, RSMo.
(3) The transfer of a manufactured home at death pursuant to thissection is not to be considered as testamentary, or to be subject to therequirements of section 473.087, RSMo, or section 474.320, RSMo.
(L. 2004 H.B. 1511 merged with S.B. 1233, et al. § 1)
