Bill Text: IA SF468 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to probate proceedings, including fiduciary and trustee duties, and including applicability provisions.(Formerly SSB 1067.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-01-11 - Subcommittee: Bousselot, Quirmbach, and J. Taylor. S.J. 97. [SF468 Detail]
Download: Iowa-2023-SF468-Introduced.html
Senate
File
468
-
Introduced
SENATE
FILE
468
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1067)
(COMPANION
TO
HF
232
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
probate
proceedings,
including
fiduciary
and
1
trustee
duties,
and
including
applicability
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1413SV
(1)
90
cm/ns
S.F.
468
Section
1.
Section
633.78,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
A
fiduciary
under
this
chapter
may
present
a
written
3
request
to
any
person
for
the
purpose
of
obtaining
property
4
owned
by
a
decedent
or
by
a
ward
protected
person
of
a
5
conservatorship
for
which
the
fiduciary
has
been
appointed,
6
or
property
to
which
a
decedent
or
ward
protected
person
is
7
entitled,
including
information
about
property
owned
by
a
8
decedent
or
protected
person
that
has
passed
or
will
pass
9
by
beneficiary
designation
or
joint
tenancy
ownership,
or
10
for
information
about
such
property
needed
to
perform
the
11
fiduciary’s
duties.
The
request
must
contain
statements
12
confirming
all
of
the
following:
13
a.
The
fiduciary’s
authority
has
not
been
revoked,
modified,
14
or
amended
in
any
manner
which
would
cause
the
representations
15
in
the
request
to
be
incorrect.
16
b.
The
request
has
been
signed
by
all
fiduciaries
acting
on
17
behalf
of
the
decedent
or
ward
protected
person
.
18
c.
The
request
has
been
dated
and
affirmed
under
penalty
of
19
perjury
to
be
true
and
correct
or
has
been
sworn
and
subscribed
20
to
under
penalty
of
perjury
before
a
notary
public
as
provided
21
in
chapter
9B
.
22
d.
A
photocopy
of
the
fiduciary’s
letters
of
appointment
is
23
being
provided
with
the
request.
24
Sec.
2.
Section
633.78,
subsection
4,
paragraph
a,
Code
25
2023,
is
amended
to
read
as
follows:
26
a.
Damages
sustained
by
the
decedent’s
or
ward’s
protected
27
person’s
estate.
28
Sec.
3.
Section
633.301,
Code
2023,
is
amended
to
read
as
29
follows:
30
633.301
Copy
of
will
for
executor.
31
When
Upon
request
by
the
executor,
when
a
will
has
been
32
admitted
to
probate
and
certified
pursuant
to
section
633.300
,
33
the
clerk
shall
cause
a
certified
copy
thereof
to
be
placed
34
in
the
hands
of
the
executor
to
whom
letters
are
issued.
The
35
-1-
LSB
1413SV
(1)
90
cm/ns
1/
8
S.F.
468
clerk
shall
retain
the
will
in
a
separate
file
provided
for
1
that
purpose
until
the
time
for
contest
has
expired,
and
2
promptly
thereafter
shall
place
it
with
the
files
of
the
3
estate.
4
Sec.
4.
Section
633.309,
Code
2023,
is
amended
to
read
as
5
follows:
6
633.309
Time
within
which
action
must
be
commenced.
7
1.
An
action
to
contest
or
set
aside
the
probate
of
a
will
8
must
be
commenced
in
the
court
in
which
the
will
was
admitted
9
to
probate
within
the
later
to
occur
of
four
months
from
the
10
date
of
second
publication
of
notice
of
admission
of
the
will
11
to
probate
or
one
month
following
the
mailing
of
the
notice
to
12
all
heirs
of
the
decedent
and
devisees
under
the
will
whose
13
identities
are
reasonably
ascertainable,
at
such
persons’
last
14
known
addresses.
15
2.
A
party
claiming
the
decedent’s
will
was
procured
in
16
whole
or
in
part
by
tortious
interference
with
inheritance
must
17
join
such
claim
together
in
a
timely
will
contest.
The
time
18
period
set
out
in
this
section
applies
to
both
the
will
contest
19
and
procurement
of
the
decedent’s
will
by
tortious
interference
20
with
inheritance
if
the
party
making
the
claim
was
given
notice
21
pursuant
to
section
633.304.
22
Sec.
5.
Section
633.555,
Code
2023,
is
amended
to
read
as
23
follows:
24
633.555
Procedure
in
lieu
of
conservatorship
for
a
minor.
25
1.
If
a
conservator
has
not
been
appointed
for
a
minor,
26
money
due
to
a
minor
or
other
property
to
which
a
minor
is
27
entitled,
not
exceeding
in
the
aggregate
twenty-five
fifty
28
thousand
dollars
in
value,
shall
be
paid
or
delivered
to
a
29
custodian
under
any
uniform
transfers
to
minors
Act.
one
or
30
more
of
the
following:
31
a.
A
custodian
under
the
uniform
transfer
to
minor
account
32
established
for
the
protected
person
pursuant
to
chapter
565B
33
or
the
laws
of
any
other
state.
34
b.
A
custodial
trustee
under
a
uniform
custodial
trust
35
-2-
LSB
1413SV
(1)
90
cm/ns
2/
8
S.F.
468
account
established
for
the
protected
person
pursuant
to
1
chapter
633F
or
the
laws
of
any
other
state.
2
c.
An
account
owner
or
participant
under
a
college
savings
3
plan
account
established
for
the
protected
person
pursuant
to
4
section
529
of
the
Internal
Revenue
Code
or
chapter
12D.
5
d.
The
account
owner
under
an
ABLE
account
established
for
6
the
protected
person
with
disabilities
pursuant
to
section
529A
7
of
the
Internal
Revenue
Code
or
chapter
12I.
8
2.
If
a
conservator
has
not
been
appointed
for
a
minor,
and
9
the
money
due
to
a
minor
or
other
property
to
which
a
minor
is
10
entitled
exceeds
fifty
thousand
dollars
in
the
aggregate,
the
11
property
may
be
paid
or
delivered
in
the
manner
set
forth
in
12
subsection
1
only
if
such
transfer
is
authorized
by
the
court.
13
3.
The
written
receipt
of
the
custodian
constitutes
an
14
acquittance
of
the
person
making
the
payment
of
money
or
15
delivery
of
property.
16
Sec.
6.
Section
633.561,
subsections
3
and
6,
Code
2023,
are
17
amended
to
read
as
follows:
18
3.
If
the
respondent
is
entitled
to
representation
and
is
19
indigent
or
incapable
of
requesting
counsel,
the
court
shall
20
appoint
an
attorney
to
represent
the
respondent.
The
cost
of
21
court
appointed
counsel
for
indigents
,
including
the
cost
of
22
the
trial
transcript,
shall
be
assessed
against
the
county
23
in
which
the
proceedings
are
pending.
For
the
purposes
of
24
this
subsection
,
the
court
shall
find
a
person
is
indigent
if
25
the
person’s
income
and
resources
do
not
exceed
one
hundred
26
fifty
percent
of
the
federal
poverty
level
or
the
person
would
27
be
unable
to
pay
such
costs
without
prejudicing
the
person’s
28
financial
ability
to
provide
economic
necessities
for
the
29
person
or
the
person’s
dependents.
30
6.
If
the
court
determines
that
it
would
be
in
the
31
respondent’s
best
interest
to
have
legal
representation
32
with
respect
to
any
proceedings
in
a
guardianship
or
33
conservatorship,
the
court
may
appoint
an
attorney
to
represent
34
the
respondent
at
the
expense
of
the
respondent
or
the
35
-3-
LSB
1413SV
(1)
90
cm/ns
3/
8
S.F.
468
respondent’s
estate,
or
if
the
respondent
is
indigent
the
cost
1
of
the
court
appointed
attorney
,
including
the
cost
of
the
2
trial
transcript,
shall
be
assessed
against
the
county
in
which
3
the
proceedings
are
pending.
4
Sec.
7.
NEW
SECTION
.
633A.4403
Trustee-written
request
and
5
third-party
protection.
6
1.
A
trustee
under
this
chapter
may
present
a
written
7
request
to
any
person
for
the
purpose
of
obtaining
information
8
needed
to
perform
the
trustee’s
duties
or
information
regarding
9
any
of
the
following
property:
10
a.
Owned
by
the
trust
for
which
the
trustee
is
acting
as
11
fiduciary.
12
b.
To
which
a
living
or
deceased
settlor
is
entitled.
13
c.
Owned
by
the
deceased
settlor
at
the
time
of
death,
14
including
information
about
property
of
a
deceased
settlor
that
15
has
passed
or
will
pass
by
beneficiary
designation
or
joint
16
tenancy
ownership.
17
2.
The
written
request
must
include
a
certification
of
18
trust
that
complies
with
section
633A.4604.
A
person
to
whom
a
19
request
is
presented
under
this
section
may
require
that
the
20
trustee
presenting
the
request
provide
proof
of
the
trustee’s
21
identity.
22
3.
A
person
who
in
good
faith
provides
the
property
or
23
information
a
trustee
requests
under
this
section,
after
taking
24
reasonable
steps
to
verify
the
identity
of
the
trustee
and
25
who
has
no
knowledge
that
the
representations
contained
in
26
the
request
are
incorrect,
shall
not
be
liable
to
any
person
27
for
so
acting
and
may
assume
without
inquiry
the
existence
of
28
the
facts
contained
in
the
request.
The
period
of
time
to
29
verify
the
trustee’s
authority
shall
not
exceed
ten
business
30
days
from
the
date
the
person
received
the
request.
Any
right
31
or
title
acquired
from
the
trustee
in
consideration
of
the
32
provision
of
property
or
information
under
this
section
is
not
33
invalid
in
consequence
of
a
misapplication
by
the
trustee.
A
34
transaction,
and
a
lien
created
by
a
transaction,
entered
into
35
-4-
LSB
1413SV
(1)
90
cm/ns
4/
8
S.F.
468
by
the
trustee
and
a
person
acting
in
reliance
upon
a
request
1
under
this
section
is
enforceable
against
the
assets
for
which
2
the
trustee
has
responsibility.
3
4.
If
a
person
refuses
to
provide
the
requested
property
or
4
information
within
ten
business
days
after
receiving
a
request
5
under
this
section,
the
trustee
may
bring
an
action
to
recover
6
the
property
or
information
or
compel
its
delivery
against
7
the
person
to
whom
the
trustee
presented
the
written
request.
8
An
action
brought
under
this
section
must
be
brought
within
9
one
year
after
the
date
of
the
act
or
failure
to
act.
If
the
10
court
finds
that
the
person
acted
unreasonably
in
failing
to
11
deliver
the
property
or
information
as
requested
in
the
written
12
request,
the
court
may
award
any
or
all
of
the
following
to
the
13
trustee:
14
a.
Damages
sustained
by
the
trust
or
by
a
living
or
deceased
15
settlor’s
estate.
16
b.
Costs
of
the
action.
17
c.
A
penalty
in
an
amount
determined
by
the
court,
but
18
not
less
than
five
hundred
dollars
or
more
than
ten
thousand
19
dollars.
20
d.
Reasonable
attorney
fees,
as
determined
by
the
court,
21
based
on
the
value
of
the
time
reasonably
expended
by
the
22
attorney
and
not
by
the
amount
of
the
recovery
on
behalf
of
the
23
trustee.
24
5.
This
section
does
not
limit
or
change
the
right
of
25
beneficiaries,
heirs,
or
creditors
of
a
living
or
deceased
26
settlor
to
estate
or
trust
property
to
which
they
are
otherwise
27
entitled.
28
Sec.
8.
Section
633B.211,
subsection
2,
Code
2023,
is
29
amended
by
adding
the
following
new
paragraphs:
30
NEW
PARAGRAPH
.
h.
Establish
a
medical
assistance
special
31
needs
trust
pursuant
to
chapter
633C
for
the
benefit
of
32
the
principal
and
transfer
an
interest
of
the
principal
in
33
real
property,
stocks
and
bonds,
accounts
with
financial
34
institutions
or
securities
intermediaries,
insurance,
35
-5-
LSB
1413SV
(1)
90
cm/ns
5/
8
S.F.
468
annuities,
and
other
property
to
the
trustee
of
any
such
trust.
1
NEW
PARAGRAPH
.
i.
Establish
a
medical
assistance
income
2
trust
pursuant
to
chapter
633C
for
the
benefit
of
the
principal
3
and
transfer
an
income
interest
of
the
principal
to
the
trustee
4
of
any
such
trust.
5
Sec.
9.
APPLICABILITY.
The
following
apply
to
estates,
6
trusts,
and
conservatorships
in
existence
on
or
after
the
7
effective
date
of
this
Act,
that
were
opened
or
created
before,
8
on,
or
after
the
effective
date
of
this
Act:
9
1.
The
sections
of
this
Act
amending
section
633.78.
10
2.
The
section
of
this
Act
amending
section
633.555.
11
3.
The
section
of
this
Act
enacting
section
633A.4403.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
probate
proceedings.
16
The
bill
allows
a
fiduciary
to
present
a
written
request
to
17
any
person
for
the
purpose
of
obtaining
information
about
the
18
property
owned
by
the
decedent
or
protected
person
that
has
19
passed
or
will
pass
by
beneficiary
designation
or
joint
tenancy
20
ownership.
The
written
request
needs
to
be
dated
and
affirmed
21
under
penalty
of
perjury
to
be
true
and
correct.
22
Under
current
law,
a
certified
copy
of
a
will
is
provided
to
23
the
executor
by
the
clerk
of
court
upon
the
will
being
admitted
24
into
probate.
The
bill
requires
an
executor
to
request
a
copy.
25
The
bill
requires
that
a
party
claiming
that
the
decedent’s
26
will
was
procured
by
tortious
interference
with
inheritance
27
must
join
the
claims
in
a
timely
will
contest.
28
The
bill
changes
the
procedure
in
lieu
of
a
conservatorship
29
for
a
minor
by
increasing
the
aggregate
amount
of
money
from
30
$25,000
to
$50,000
under
which
the
amount
may
be
paid
or
31
delivered
to
the
following:
a
uniform
transfer
to
minor
32
account,
a
uniform
custodial
trust
account,
an
account
owner
33
or
participant
under
a
college
savings
plan
account,
or
an
34
account
owner
under
an
ABLE
account.
An
amount
over
$50,000
35
-6-
LSB
1413SV
(1)
90
cm/ns
6/
8
S.F.
468
may
be
paid
or
delivered
in
this
manner
only
if
authorized
by
1
the
court.
2
The
bill
provides
that
the
cost
of
a
trial
transcript
for
3
an
indigent
respondent
shall
be
assessed
against
the
county
in
4
which
the
probate
proceedings
are
pending.
5
The
bill
creates
a
procedure
for
a
trustee’s
written
6
request
and
third-party
protection.
A
trustee
may
present
a
7
written
request
to
any
person
for
the
purpose
of
obtaining
8
information
needed
to
perform
the
trustee’s
duties
or
regarding
9
property
owned
by
the
trust
for
which
the
trustee
is
acting
as
10
fiduciary,
for
which
a
living
or
deceased
settlor
is
entitled,
11
or
owned
by
the
deceased
settlor
at
the
time
of
death.
The
12
request
must
include
a
certification
of
trust
(Code
section
13
633A.4604).
A
person
to
whom
a
request
is
presented
may
14
require
that
the
trustee
presenting
the
request
provide
proof
15
of
the
trustee’s
identity.
16
The
bill
provides
that
a
person
who
in
good
faith
provides
17
the
property
or
information
a
trustee
requests,
after
taking
18
reasonable
steps
to
verify
the
identity
of
the
trustee
and
who
19
has
no
knowledge
that
the
representations
contained
in
the
20
request
are
incorrect,
shall
not
be
liable
to
any
person
for
21
so
acting
and
may
assume
without
inquiry
the
existence
of
the
22
facts
contained
in
the
request.
If
a
person
refuses
to
provide
23
the
requested
property
or
information
within
10
business
days
24
after
receiving
a
request,
the
trustee
may
bring
an
action
to
25
recover
the
property
or
information
or
compel
its
delivery
26
against
the
person
to
whom
the
trustee
presented
the
written
27
request.
In
an
action
against
a
person
for
unreasonably
28
withholding
property,
the
court
may
award
any
or
all
of
the
29
following
to
the
trustee:
damages
sustained
by
the
trust
or
by
30
a
living
or
deceased
settlor’s
estate,
costs
of
the
action,
a
31
penalty
set
forth
in
the
bill,
and
reasonable
attorney
fees.
32
Under
the
bill,
certain
provisions
do
not
limit
or
change
33
the
right
of
beneficiaries,
heirs,
or
creditors
of
a
living
or
34
deceased
settlor
to
estate
or
trust
property
to
which
they
are
35
-7-
LSB
1413SV
(1)
90
cm/ns
7/
8
S.F.
468
otherwise
entitled.
1
The
bill
allows
an
agent
of
a
protected
person
to
establish
a
2
medical
assistance
special
needs
trust
and
a
medical
assistance
3
income
trust
pursuant
to
Code
chapter
633C
for
the
benefit
of
4
the
principal.
5
Certain
provisions
of
the
bill
apply
to
estates,
trusts,
and
6
conservatorships
in
existence
on
or
after
July
1,
2023,
that
7
were
opened
or
created
before,
on,
or
after
July
1,
2023,
as
8
set
forth
in
the
bill.
9
-8-
LSB
1413SV
(1)
90
cm/ns
8/
8
