Bill Text: IA HF2335 | 2015-2016 | 86th General Assembly | Enrolled

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Bill Title: A bill for an act relating to civil law provisions, including notice requirements for the disposition of the real property of an estate, notice and document delivery under the trust code, the powers of an agent under a power of attorney, and liability for refusing to accept an acknowledged power of attorney, and including effective date and retroactive and other applicability provisions. Effective 4-13-16.

Sponsorship: Committee Bill

Status: (Passed) 2016-04-13 - Signed by Governor. H.J. 641. [HF2335 Detail]

Download: Iowa-2015-HF2335-Enrolled.html

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House File 2335 - Enrolled




                              HOUSE FILE       
                              BY  COMMITTEE ON JUDICIARY

                              (SUCCESSOR TO HSB 528)
 \5
                                   A BILL FOR
 \1
                                        House File 2335

                             AN ACT
 RELATING TO CIVIL LAW PROVISIONS, INCLUDING NOTICE REQUIREMENTS
    FOR THE DISPOSITION OF THE REAL PROPERTY OF AN ESTATE,
    NOTICE AND DOCUMENT DELIVERY UNDER THE TRUST CODE, THE
    POWERS OF AN AGENT UNDER A POWER OF ATTORNEY, AND LIABILITY
    FOR REFUSING TO ACCEPT AN ACKNOWLEDGED POWER OF ATTORNEY,
    AND INCLUDING EFFECTIVE DATE AND RETROACTIVE AND OTHER
    APPLICABILITY PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
                           DIVISION I
    SALE OF REAL PROPERTY OF AN ESTATE ==== NOTICE REQUIREMENTS
    Section 1.  Section 633.389, Code 2016, is amended to read
 as follows:
    633.389  Notice on sale, mortgage, exchange, pledge, or lease
 of property.
    Upon the filing of the petition, unless notice is waived in
 writing, or unless all interested persons are also personal
 representatives and have signed the petition, notice in
 accordance with section 633.40, shall be served on all persons
 interested in the property, provided that as to personal
 property and as to the lease of real property not specifically
 devised, for a period not to exceed one year, the court may
 hear the petition without notice. When notice is required, the
 notice shall state briefly the nature of the application. Upon
 satisfactory proof, the court may order the sale, mortgage,
 exchange, pledge or lease of the property described, or any
 part of the property, at a price and upon terms and conditions
 as the court may authorize. For the purposes of this section,
 the term "all persons interested" includes only distributees in
 the estate and persons who have requested notice as provided by
 this probate code.
                           DIVISION II
     TRUST CODE ==== NOTICE AND DOCUMENT DELIVERY REQUIREMENTS
    Sec. 2.  NEW SECTION.  633A.1109  Methods of notice and
 document delivery ==== waiver.
    Except as otherwise provided by this chapter:
    1.  Giving notice to a person, including notice of a judicial
 proceeding, or the sending of a document to a person under this
 chapter shall be accomplished in a manner reasonably suitable
 under the circumstances and likely to result in receipt of the
 notice or document. Permissible methods of giving notice or
 sending a document include first=class mail, personal delivery
 to a person's last known place of residence or place of
 business, or by properly directed electronic mail. When notice
 in a trust proceeding is served on an interested party via the
 United States postal service, the service is made and completed
 when the notice being served is enclosed in a sealed envelope
 with proper postage paid, is addressed to the interested party
 at the party's last known post office address, and is deposited
 in a mail receptacle provided by the United States postal
 service.
    2.  In the case of a proceeding against an unknown person
 whose address or whereabouts are unknown, the court shall
 prescribe that notice may be served by publication within
 the time and in the manner provided by the rules of civil
 procedure.
    3.  Notice under this chapter or the right to receive a
 document under this chapter may be waived by the person to be
 notified or entitled to receive the document.
    4.  For purposes of this section, "properly directed"
 means directed to an electronic mail address that the sender
 reasonably believes is a current electronic mail address of the
 recipient.
    Sec. 3.  APPLICABILITY.  This division of this Act applies to
 notices and documents sent on or after July 1, 2016, regarding
 trusts in existence on or created after July l, 2016.
                          DIVISION III
   POWERS OF ATTORNEY ==== POWERS OF AN AGENT ==== LIABILITY FOR
        REFUSAL TO ACCEPT ACKNOWLEDGED POWER OF ATTORNEY
    Sec. 4.  Section 633B.120, subsection 3, paragraph b, Code
 2016, is amended to read as follows:
    b.  Liability for damages sustained by the principal for and
  reasonable attorney fees and costs incurred in any action or
 proceeding that confirms the validity of the power of attorney
 or mandates acceptance of the power of attorney, provided that
 any such action must be brought within one year of the initial
 request for acceptance of the power of attorney.
    Sec. 5.  Section 633B.204, subsections 2 and 3, Code 2016,
 are amended to read as follows:
    2.  Sell; exchange; convey with or without covenants,
 representations, or warranties; quitclaim; release; surrender;
 retain title for security; encumber; partition; consent to
 partitioning; be subject to an easement or covenant; subdivide;
 apply for zoning or other governmental permits; plat or consent
 to platting; develop; grant an option concerning; lease;
 sublease; contribute to an entity in exchange for an interest
 in that entity; or otherwise grant or dispose of an interest in
 real property or a right incident to real property, including
 the transfer or release of any and all of the principal's
 homestead rights under section 561.13 and chapter 597.
    3.  Pledge or mortgage an interest in real property or a
 right incident to real property as security to borrow money
 or pay, renew, or extend the time of payment of a debt of the
 principal or a debt guaranteed by the principal, including the
 transfer or release of any and all of the principal's homestead
 rights under section 561.13 and chapter 597.
    Sec. 6.  Section 633B.211, subsection 2, paragraph h, Code
 2016, is amended by striking the paragraph.
    Sec. 7.  Section 633B.214, subsection 2, Code 2016, is
 amended by adding the following new paragraph:
    NEW PARAGRAPH.  g.  Create and fund a medical assistance
 income trust as defined in section 633C.1 or a trust or device
 that meets the criteria of 42 U.S.C. {1396p(d)(4)(B)(i)=(ii)
 that is authorized under the applicable law of another
 jurisdiction in which the principal is a resident.
    Sec. 8.  EFFECTIVE UPON ENACTMENT.  This division of this
 Act, being deemed of immediate importance, takes effect upon
 enactment.
    Sec. 9.  RETROACTIVE APPLICABILITY.  This division of this
 Act applies retroactively to July 1, 2014.


                                                             
                               LINDA UPMEYER
                               Speaker of the House


                                                             
                               PAM JOCHUM
                               President of the Senate
    I hereby certify that this bill originated in the House and
 is known as House File 2335, Eighty=sixth General Assembly.


                                                             
                               CARMINE BOAL
                               Chief Clerk of the House
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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