North Dakota Code 30.1-09-08 – (2-606) Nonademption of specific devises – Unpaid proceeds of sale, 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:
Terms Used In North Dakota Code 30.1-09-08
- Devise: To gift property by will.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Testator: A male person who leaves a will at death.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
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.