§ 30.1-09-08 — (2-606) Nonademption of specific devises - Unpaid proceeds of sale, condemnation, or insurance - Sale by conservator

North Dakota § 30.1-09-08

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-09: Rules of Construction - Contractual Arrangements Relating to Death

Text

condemnation, or insurance - Sale by conservator.
1. A specific devisee has the right to specifically devised property in the testator's estate
at the testator's death and to:

a. Any balance of the purchase price, together with any security interest, owed by a
purchaser at the testator's death by reason of sale of the property by the testator.
b. Any amount of a condemnation award for the taking of the property unpaid at
death.
c. Any proceeds unpaid at death on fire or casualty insurance on or other recovery
for injury to the property.
d. Any property owned by the testator at death and acquired as a result of
foreclosure, or obtained in lieu of foreclosure, of the security interest for a
specifically devised obligation.
2. If specifically devised property is sold, mortgaged, or otherwise encumbered by a
conservator or by an agent acting within the authority of a durable power of attorney
for an incapacitated person, or a condemnation award, insurance proceeds, or
recovery for injury to the property is paid to a conservator or to an agent acting within
the authority of a durable power of attorney for an incapacitated person, the specific
devisee has the right to a general pecuniary devise equal to the net sale price, the
amount of the unpaid loan, the condemnation award, the insurance proceeds, or the
recovery. This subsection does not apply if after the sale, encumbrance,
condemnation, casualty, or recovery, it was adjudicated that the testator's incapacity
ceased and the testator survived the adjudication by at least one year. The right of a
specific devisee under this subsection is reduced by any right the devisee has under
subsection 1.