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Bill Watch March 7, 2017: Current Estate Planning & Administration Law of Note - Estate Planning and Administration News

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Estate Planning and Administration News


Posted on: Mar 7, 2017

The IndyBar Legislative Committee is currently monitoring the following estate planning & administration law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at lawren.mills@icemiller.com.

Click here to view the full Bill Watch reports.

HB1407    PROBATE AND TRUST MATTERS. (WASHBURNE T) Makes various changes to probate and trust laws concerning contesting of wills, the size of unsupervised estates, authorization of certain acts by a trustee, and the consideration of the requests of de facto custodians and living parents of incapacitated persons in the appointment of guardians and in custody orders.

HB1107    ELECTRONIC SIGNATURES. (STEUERWALD G) Provides that a person may create an electronic will and an electronic trust document if certain conditions are met, and provides that a power of attorney (including a living will and health care power of attorney) may be signed electronically and created or stored in an electronic format. Makes conforming amendments.

SB25    WRONGFUL DEATH ACTIONS AND ATTORNEY'S FEES. (RANDOLPH L) Provides that, in a general wrongful death action, if a decedent leaves a widow or widower, dependent children, or dependent next of kin, damages may include reasonable attorney's fees incurred for bringing and maintaining the action. Specifies that, in an adult wrongful death action, damages may include reasonable attorney's fees incurred for bringing and maintaining the action.

SB167    PROBATE CODE STUDY COMMISSION. (ZAKAS J) Abolishes the probate study subcommittee. Establishes the probate code study commission (commission). Requires the commission to study and recommend to the general assembly changes that are needed in the probate code (IC 29-1), the trust code (IC 30-4), and other statutes affecting the administration of a decedent's estate, guardianships, probate jurisdiction, trusts, or fiduciaries. Provides for: (1) the governor to appoint 11 lay members, including two residents of Indiana who work in the trust department of a bank, trust company, savings institution, or credit union; (2) the president pro tempore of the senate to appoint three members from the senate; and (3) the speaker of the house of representatives to appoint three members from the house of representatives. Provides that a legislative or lay member serves a term of two years and may be reappointed to the commission. Provides for the president pro tempore of the senate to appoint a chairperson and vice chairperson in odd-numbered years and for the speaker of the house of representatives to appoint a chairperson and vice chairperson in even-numbered years.

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