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Bill Watch, Jan. 30, 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 30, 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.

HB1416    STATEWIDE ELECTRONIC WILLS REGISTRY. (RICHARDSON K) Authorizes the supreme court and state office of judicial administration to create a statewide electronic wills registry (registry). Provides the supreme court and the state office of judicial administration with rule making authority. Allows certain individuals to deposit the following items into the registry: (1) Information concerning individual testators, electronic wills, or the execution of an electronic will. (2) The electronic record of an electronic will. (3) Any document integrity evidence associated with an electronic will. (4) A digital and readable copy of a complete converted copy of an electronic will. Requires the administrator of the registry to index submitted items according to the following: (1) The name of the testator. (2) The testator's county of residence. (3) The date of execution for any submitted electronic will. (4) The name of any attorney responsible for the preparation or execution of a submitted electronic will. Requires the registry administrator to make the registry index: (1) available to; and (2) searchable by; the public. Requires the registry administrator to keep the substantive content of: (1) any electronic will; (2) any complete converted copy; or (3) all document integrity evidence; private, secure, and inaccessible to the public. Requires the registry administrator to issue a certified report concerning the existence of certain items associated with a specific testator in certain instances. Requires the registry administrator to issue a certified transcript of: (1) an electronic will; (2) a complete converted copy; and (3) any associated document integrity evidence; in certain instances. Allows the registry administrator to charge fees in certain instances. Defines certain terms.

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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