Senate File 2300 - Introduced SENATE FILE 2300 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3124) A BILL FOR An Act relating to the transfer of real estate held in a trust, 1 and including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6292SV (2) 88 ko/jh
S.F. 2300 Section 1. Section 558A.1, subsection 5, paragraph c, Code 1 2020, is amended to read as follows: 2 c. A transfer by a fiduciary in the course of the 3 administration of a decedent’s estate, guardianship, 4 conservatorship, or trust. This exemption shall not apply 5 to a transfer of real estate held in a trust in which the 6 trustee or settlor of the trust is a living, natural person 7 and is a former owner of the real estate and was an occupant 8 in possession of the real estate at any time within the twelve 9 consecutive months immediately preceding the date of transfer 10 of the real estate. 11 Sec. 2. APPLICABILITY. This Act applies to the transfer of 12 real estate held in a trust on or after July 1, 2020. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the transfer of real estate held in a 17 trust. Under current law, a trustee of a trust is exempt from 18 providing a written disclosure statement to a transferee as 19 part of a transfer of real estate. The bill eliminates that 20 exemption for a trust in which the trustee or settlor of the 21 trust is a living, natural person and is a former owner of 22 the real estate and was an occupant in possession of the real 23 estate at any time within the 12 consecutive months immediately 24 preceding the date of transfer of the real estate. The bill 25 applies to the transfer of real estate held in a trust on or 26 after July 1, 2020. 27 -1- LSB 6292SV (2) 88 ko/jh 1/ 1