[11] 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("the Act"), because Rea had not yet recorded the quitclaim deed at the time of Miriana's death, the TOD deed had not been revoked and the TOD deed controlled.
[12] Several provisions of the Act are relevant here. Indiana Code Section 32-17-14-3 (2018) provides in relevant part:
The following definitions apply throughout this chapter:
* * *
(11) "Property" means any present or future interest in real property , intangible personal property, or tangible personal property....
(Emphasis added.) Indiana Code Section 32-17-14-11 provides in relevant part:
(a) A transfer on death deed transfers the interest provided to the beneficiary if the transfer on death deed is:
(1) executed by the owner or owner's legal representative; and
(2) recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner.
(Emphasis added.) Indiana Code Section 32-17-14-16 provides in relevant part:
(a) A beneficiary designation may be revoked or changed during the lifetime of the owner.
* * *
(f) A revocation or change in a beneficiary designation must comply with the terms of any governing instrument, this chapter, and any other applicable law.
* * *
(h) A transfer during the owner's lifetime of the owner's interest in the property, with or without consideration, terminates the beneficiary designation with respect to the property transferred .
* * *
(j) An owner may revoke a beneficiary designation made in a transfer on death deed by executing and recording before the death of the owner with the recorder of deeds in the county in which the real property is situated either:
(1) a subsequent deed of conveyance revoking, omitting, or changing the beneficiary designation; or
(2) an affidavit acknowledged or proved under IC 32-21-2-3 that revokes or changes the beneficiary designation.
(Emphasis added.) And Indiana Code Section 32-17-14-19(a) provides:
*5A beneficiary of a transfer on death transfer takes the owner's interest in the property at the death of the owner subject to all conveyances, assignments, contracts, set offs, licenses, easements, liens, and security interests made by the owner or to which the owner was subject during the owner's lifetime.
(Emphasis added.)
[13] 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 .
[14] In Sheils v. Wright , the Court of Appeals of Kansas addressed the same issue presented here and, interpreting statutes substantively similar to Indiana's, held that a quitclaim deed executed and delivered during the grantor's lifetime left nothing to transfer under a TOD deed on his death. 51 Kan.App.2d 814, 357 P.3d 294 (2015). In Sheils , Richard executed and recorded a TOD deed to his house naming as beneficiary his brother Charles. Three years later, Richard executed a quitclaim deed transferring the house to himself and to his nephew Kevin as joint tenants with the right of survivorship. The quitclaim deed was not recorded at the time of Richard's death a few months later. Charles filed suit to enforce the TOD deed, and the trial court granted summary judgment to Charles.
[15] On appeal, the Court of Appeals of Kansas observed that the relevant statute required that a revocation of a TOD deed be recorded during the owner's lifetime and, because the owner had not recorded the quitclaim deed, "the [TOD] deed remained in effect at Richard's death." 357 P.3d at 295. However, the court went on to consider whether "any property remain[ed] to be transferred" under the TOD deed at the time Richard died. Id. at 295-96. The court stated that, by statute, beneficiaries of a TOD deed "take their interest subject to all conveyances the owner may yet make during his or her lifetime." Id. at 296 (citing K.S.A. 59-3504(b) ; emphasis original). And the court held that, "[s]ince Richard conveyed all of the property away during Richard's lifetime, there was nothing to transfer on his death via the [TOD] deed." Id. Finally, the court acknowledged that the lifetime transfer was effective even though the deed was not recorded before Richard's death. Id.
[16] 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.
[17] 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[.]"
*61 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.
[18] 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.
[19] 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 32-21-1-15.2 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.
[20] Affirmed in part, reversed in part, and remanded with instructions.
Robb, J., concurs.
Baker, J., concurs with separate opinion.