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Bill Watch, Jan. 29, 2019: Current Real Estate & Land Use Legislation of Note - Real Estate and Land Use News

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Real Estate and Land Use News

Posted on: Jan 29, 2019

Want to know more about this year's pending legislation and get to know key players in the 2019 General Assembly? Attend the Lawyer-Legislator Luncheon on February 12! Details and registration can be found here.

The IndyBar Legislative Committee is currently monitoring the following real estate and land use related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at

Click here to view the full Bill Watch reports.

SB308    PARTITION FENCES. (STOOPS M) Provides that a fence that is used by adjoining property owners as a fence is, unless otherwise agreed upon by the property owners, considered a partition fence and must be repaired, maintained, and paid for by the person who builds the fence or causes the fence to be built. Provides that the existing partition fence law applies to partition fences built and maintained before January 1, 2019. Repeals provisions of the fence law concerning: (1) required payment to the owner for an existing fence when previously unenclosed property becomes enclosed; and (2) application and construction of the partition fence law.

SB426    TRUSTS. (HEAD R) Provides that an "excluded trust" is not a resident trust and is not required to file an adjusted gross income tax return. Defines "excluded trust" as a trust that satisfies all of the following conditions: (1) The trust is an irrevocable trust consisting of property transferred to the trust by a person who is not a resident of Indiana at the time of the transfer. (2) None of the trustees of the trust are: (A) Indiana residents; or (B) partners or corporations domiciled in Indiana. (3) The entire corpus of the trust is located outside Indiana. (4) The trust is governed by Indiana law. (5) The situs and administration of the trust is in Indiana. (6) All income and gains of the trust are derived from or connected with sources outside of the state of Indiana, determined as if the situs and administration of the trust were not in Indiana. (A trust that comes within the definition of an "excluded trust" would be considered a resident trust under current law based on the fact that it is administered in Indiana.)

SB518    PROBATE MATTERS. (KOCH E) Allows a person to contest two or more wills if there is prima facie evidence that: (1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or (2) a party beneficially interested in one or more of the challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged. Specifies that the issuance of a court order on any matter related to an unsupervised estate does not revoke the personal representative's authority to continue the administration of the estate as an unsupervised estate. Authorizes the Indiana supreme court and office of judicial administration to establish and administer a statewide electronic estate planning documents registry (registry). Allows certain individuals to deposit the following items into the registry: (1) An electronic will. (2) An electronic trust instrument. (3) An electronic power of attorney. (4) Any electronic document that revokes or amends an electronic will, electronic trust instrument, or electronic power of attorney. Requires the administrator of the registry to catalog submitted items according to the following: (1) The name of the testator, settlor, or principal. (2) The county of residence for the testator, settlor, or principal. (3) The date of execution for an electronic estate planning document. (4) The date of submission to or deposit with the registry of information pertaining to an electronic estate planning document. (5) The name of any attorney responsible for the preparation or execution of an electronic estate planning document. 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 electronic documents submitted to or deposited with the registry private, secure, and inaccessible to the public. Requires the registry administrator to issue a certified report concerning the existence of certain items submitted to or deposited with the registry in certain instances. Requires the registry administrator to issue a certified transcript of certain documents submitted to or deposited with the registry in certain instances. Allows the registry administrator to charge fees in certain instances. Revises definitions for the following terms: (1) "Document integrity evidence". (2) "Tamper evident". Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person that: (A) is at least 18 years of age; and (B) has a mental or physical impairment that prohibits the person from protecting the person's interests. Allows certain individuals to act on behalf of a specified adult in certain instances involving the financial exploitation of the specified adult. Provides that if a transfer on death deed has been recorded before the death of the owner, a subsequent conveyance is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated. Establishes dates that determine when certain probate statutes apply. Requires a court to issue certain findings before exempting encumbered real property from certain restrictions concerning the sale of the real property. Allows the devolution of real estate title to be demonstrated by prima facie evidence. Specifies how devolution of real estate title may be demonstrated. Requires the estate recovery unit of the office of Medicaid policy and planning to provide notice of a claim against an estate in certain instances. Defines certain terms. Revises the definitions of certain terms. Makes conforming and technical amendments.

SB604    VOIDING AND RELEASING CLAIMS IN LAND INTERESTS. (DORIOT B) Adds a provision to the statute concerning marketable title for real property to provide that after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to enforce the claim; and (2) the claimant fails to file, within 30 days after receiving the notice to enforce the claim, an action to enforce the claim in the county where the property is located. Provides that upon the claimant's failure to file an action to enforce the claim within the 30 day period, the person who provided the notice to the claimant may file with the recorder of the county where the property is located an affidavit stating that the person has served notice on the claimant to enforce the claim and that no action for enforcement of the claim is pending. Requires the county recorder to: (1) record the affidavit of service; and (2) certify on the face of the record that the claim is fully released.


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