IN HB1591 | 2019 | Regular Session

Status

Spectrum: Slight Partisan Bill (Republican 5-2)
Status: Enrolled on April 17 2019 - 75% progression
Action: 2019-04-22 - Senate advisors appointed: Young M and Randolph Lonnie M
Text: Latest bill text (Engrossed) [PDF]

Summary

Electronic estate planning. 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. Provides that, in a contest of two or more wills in one proceeding, the court shall review attorney's fee claims at the conclusion of the will contest, and the award and allocation of attorney's fees paid from the estate shall be solely at the discretion of the court. 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 certain items into the registry. Requires the administrator of the registry to catalog submitted items in a certain manner. 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. 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. Provides that restrictions concerning the sale of real estate by an estate executor or administrator for the purpose of defraying the debts or obligations of a decedent are inapplicable in certain instances. Specifies how prima facie evidence of the devolution of real estate title to distributees may be established. Specifies recording requirements for affidavits concerning the devolution of real estate titles. Specifies notice requirements for claims made by the estate recovery unit of the office of Medicaid policy and planning. Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person who: (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. Voids certain transfers of real property if: (1) the transfer of the real property involves a transfer on death deed; and (2) the transfer of the real estate is not recorded: (A) before the death of the grantor; and (B) with the recorder of deeds in the county where the real property is situated. Defines certain terms. Makes conforming and technical amendments.

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Title

Electronic estate planning. 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. Provides that, in a contest of two or more wills in one proceeding, the court shall review attorney's fee claims at the conclusion of the will contest, and the award and allocation of attorney's fees paid from the estate shall be solely at the discretion of the court. 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 certain items into the registry. Requires the administrator of the registry to catalog submitted items in a certain manner. 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. 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. Provides that restrictions concerning the sale of real estate by an estate executor or administrator for the purpose of defraying the debts or obligations of a decedent are inapplicable in certain instances. Specifies how prima facie evidence of the devolution of real estate title to distributees may be established. Specifies recording requirements for affidavits concerning the devolution of real estate titles. Specifies notice requirements for claims made by the estate recovery unit of the office of Medicaid policy and planning. Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person who: (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. Voids certain transfers of real property if: (1) the transfer of the real property involves a transfer on death deed; and (2) the transfer of the real estate is not recorded: (A) before the death of the grantor; and (B) with the recorder of deeds in the county where the real property is situated. Defines certain terms. Makes conforming and technical amendments.

Sponsors


Roll Calls

2019-04-16 - Senate - Senate - Third reading (Y: 48 N: 1 NV: 0 Abs: 1) [PASS]
2019-04-03 - Senate - Senate - Committee Vote (Y: 9 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-21 - House - Third reading (Y: 97 N: 0 NV: 2 Abs: 1) [PASS]
2019-02-18 - House - House - Committee Vote (Y: 10 N: 0 NV: 0 Abs: 3) [PASS]

History

DateChamberAction
2019-04-22SenateSenate advisors appointed: Young M and Randolph Lonnie M
2019-04-22SenateSenate conferees appointed: Koch and Lanane
2019-04-18HouseHouse dissented from Senate amendments
2019-04-18HouseMotion to dissent filed
2019-04-17SenateReturned to the House with amendments
2019-04-16SenateThird reading: passed; Roll Call 501: yeas 48, nays 1
2019-04-15SenateSecond reading: ordered engrossed
2019-04-11SenateSenator Randolph added as cosponsor
2019-04-08SenateCommittee report: without recommendation, adopted
2019-04-08SenatePursuant to Senate Rule 68(b); reassigned to Committee on Rules and Legislative Procedure
2019-04-04SenateCommittee report: amend do pass adopted; reassigned to Committee on Tax and Fiscal Policy
2019-03-07SenateFirst reading: referred to Committee on Judiciary
2019-02-22HouseReferred to the Senate
2019-02-21HouseRepresentatives Steuerwald, DeLaney, Torr added as coauthors
2019-02-21HouseSenate sponsors: Senators Koch and Young M
2019-02-21HouseThird reading: passed; Roll Call 265: yeas 97, nays 0
2019-02-20HouseAmendment #1 (Young J) prevailed; voice vote
2019-02-20HouseSecond reading: amended, ordered engrossed
2019-02-18HouseCommittee report: amend do pass, adopted
2019-01-22HouseFirst reading: referred to Committee on Judiciary
2019-01-22HouseAuthored by Representative Young J

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/house/1591/
Texthttp://iga.in.gov/static-documents/b/f/5/0/bf505250/HB1591.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/b/6/c/d/b6cda41f/HB1591.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/f/3/f/2/f3f27c2f/HB1591.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/9/3/7/4/9374f2a8/HB1591.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/e/e/0/c/ee0cd8ba/HB1591.03.ENGH.pdf
Texthttp://iga.in.gov/static-documents/3/8/e/c/38ec75c5/HB1591.03.ENGH.pdf
Texthttp://iga.in.gov/static-documents/3/9/8/7/3987d736/HB1591.04.COMS.pdf
Roll Callhttp://iga.in.gov/static-documents/a/b/7/4/ab743c27/HB1591.01.INTR.00.pdf
Roll Callhttp://iga.in.gov/static-documents/e/3/5/4/e3544af3/HB1591.265.pdf
Roll Callhttp://iga.in.gov/static-documents/9/1/9/e/919eeca7/HB1591.03.ENGH.00.pdf
Roll Callhttp://iga.in.gov/static-documents/e/a/5/a/ea5a9f9e/HB1591.501.pdf

Bill Comments

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