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Bill Watch, Jan. 9, 2018: Current Estate Planning & Administration Legislation of Note - Estate Planning and Administration News

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Estate Planning and Administration News


Posted on: Jan 9, 2018

The IndyBar Legislative Committee is currently monitoring the following estate planning & administration 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.

HB1123    TRANSFERS TO CAREGIVERS. (MAY C) Provides that a caregiver may not accept or receive one or more gifts from a senior consumer for whom the caregiver has assumed responsibility for all or a part of the care of the senior consumer who needs assistance with activities of daily living if the gift or gifts: (1) have an aggregate fair market value that exceeds $15,000; or (2) are real estate. Creates an exception for an immediate family member who resides with the senior consumer, if undue influence over the senior consumer is not used. Creates an exception for certain transfer instruments executed before the caregiver became the senior consumer's caregiver. Allows a court action to be brought against the caregiver for a violation. Requires the court to award court costs, reasonable attorney's fees, and other actual expenses of litigation if the senior consumer prevails in a court case. Removes the authority of a court to require to give security upon the filing of the complaint, on the appearance of any defendant, claimant, or other party, or at any later time.

SB145    PROBATE MATTERS. (ZAY A) Provides that the $25,000 allowance to which a spouse of a decedent is entitled from the decedent's estate is subordinate to any specific liens on the tangible personal property and real property of the estate that were perfected before the date of the decedent's death. Repeals laws that: (1) impose a three-month delay for certain creditor actions, including foreclosures; and (2) require that a personal representative be named in any suit by a creditor against an estate.

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