Najam, J.
Statement of the Case
Radley Robinson filed a complaint for declaratory judgment against his sister Rea Robinson seeking to enforce a transfer on death deed executed by their mother, Miriana Robinson. After she had executed the transfer on death deed, Miriana executed and delivered a quitclaim deed transferring title in her home to Rea. After Miriana’s death, Rea claimed sole title to the real estate. The trial court entered summary judgment in favor of Radley and concluded that, under the transfer on death deed, Radley and Rea owned Miriana’s home as tenants in common.
Rea appeals the trial court’s grant of summary judgment for Radley, and she presents two issues for our review:
1. Whether the trial court abused its discretion when it struck two affidavits Rea had designated on summary judgment.
2. Whether the trial court erred when it denied her motion for summary judgment and entered summary judgment for Radley.
We affirm in part, reverse in part, and remand with instructions.
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On appeal, Rea maintains, and Radley agrees, that the “legal effect of the [quitclaim deed] is determinative of the pending question of law.” Appellant’s Br. at 19. Rea asserts that the quitclaim deed “divest[ed]” Miriana “of all interest in the Real Estate such that the TOD Deed became a nullity and extinguished Radley’s beneficiary claims thereunder.” Id. at 20. But Radley maintains that, under the Transfer on Death Property Act (“the Act”), because Rea had not yet recorded the quitclaim deed at the time of Miriana’s death, the TOD deed had not been revoked and the TOD deed controlled.
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The parties agree that these statutes are unambiguous. The parties disagree, however, regarding which statutes control here. Our courts have not yet had an opportunity to interpret these statutes under the Act, so we are presented with an issue of first impression. While we are not bound by decisions from foreign jurisdictions, it is appropriate to look to the decisions of other jurisdictions that interpret statutory language that is identical or of similar import. Steiner v. State, 763 N.E.2d 1024, 1027 (Ind. Ct. App. 2002), trans. denied.
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Likewise, Indiana Code Section 32-17-14-19(a) provides that a TOD deed beneficiary “takes the owner’s interest in the property at the death of the owner subject to all conveyances . . . made by the owner . . . during the owner’s lifetime.” Thus, here, the quitclaim deed left no interest in the property to transfer on Miriana’s death via the TOD deed. As a matter of law, Radley’s contingent interest in the real estate was extinguished before Miriana’s death.
In addition, Indiana Code Section 32-17-14-16(h) provides that the transfer during the owner’s lifetime of the owner’s interest in the property “terminates” a beneficiary designation in a TOD deed. Radley contends that Section 16(h) does not apply here because, he maintains, the “specific provisions of subsection 16(j) of the Act override the general provisions of subsection 16(h) when real estate is involved[.]”[Footnote omitted.] Appellee’s Br. at 16. Radley is incorrect for two reasons. First, the definition of “property” under Indiana Code Section 32- 17-14-3 includes “any present or future interest in real property.” (Emphasis added.) Section 16(h) specifically refers to a transfer made “during the owner’s lifetime of the owner’s interest in the property,” and, thus, it specifically applies to the transfer of Miriana’s interest in the real estate by quitclaim deed to Rea. Second, while Section 16(j) provides that an owner “may revoke” a beneficiary designation in the manner prescribed therein, Section 16(h) provides that the inter vivos transfer of an owner’s interest in the property “terminates” a beneficiary designation. (Emphases added.) Thus, Section 16(j) applies where an owner affirmatively revokes a beneficiary designation by a subsequent conveyance, which must be recorded to be valid, and 16(h) applies by operation of law where, as here, an owner transfers her interest in the property by an inter vivos conveyance.
Here, there is no evidence that Miriana sought to revoke the beneficiary designation in the TOD deed under Section 16(j). Rather, Miriana quitclaimed the real estate to Rea, which in its operation and effect terminated the beneficiary designation under Section 16(h). And, unlike Section 16(j), there is no recording requirement under Section 16(h). Accordingly, Radley’s contentions on this issue are without merit.
In sum, the undisputed evidence shows that the quitclaim deed was a valid and immediate transfer of the real estate to Rea under Indiana Code Section 32-21- 1-15. [Footnote omitted.] Accordingly, we hold that, under Indiana Code Section 32-17-14-19(a), there was no property interest to transfer on Miriana’s death via the TOD deed and that, under Indiana Code Section 32-17-14-16(h), the unrecorded quitclaim deed executed and delivered during Miriana’s lifetime terminated the beneficiary designation of the TOD deed “with respect to the property transferred.” We reverse and remand and instruct the trial court to grant Rea’s summary judgment motion.
Affirmed in part, reversed in part, and remanded with instructions.
Robb, J., concurs.
Baker, J., concurs with separate opinion.
Baker, Judge, concurring.
I fully concur with the majority opinion. I write separately to note the reason I believe Indiana Code section 32-17-14-16(j) does not apply to this case…
This section applies to circumstances in which the property owner intends to revoke or omit the beneficiary designation, leaving no beneficiary of a transfer on death, or to change the identity of the beneficiary altogether. Here, that is not what happened. Miriana did not intend to revoke the beneficiary designation or change the identity of the beneficiary. Instead, Miriana quitclaimed her interest to Rea, meaning that she divested herself of her interest, retaining no interest to be transferred upon her death. Therefore, the situation contemplated by subsection -16(j) does not apply here and there was no requirement that Miriana record a subsequent deed of conveyance or an affidavit. I agree with the majority that the conveyance of the quitclaim deed to Rea terminated Radley’s interest under the TOD deed.