Capacity of transferor; fraud, duress or undue influence. (1) The capacity required to make or revoke a transfer on death deed is the same as the capacity required to make a will. (2) A transfer on death deed or an instrument revoking a transfer on death deed that is procured by fraud, duress or undue influence is void. (3) A proceeding must be commenced not later than 18 months after the transferors death to: (a) Contest the capacity of the transferor; or (b) Determine whether a transfer on death deed or an instrument revoking a transfer on death deed is void because it was procured by fraud, duress or undue influence. Note: See note under 93.948.
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