Probate Law

May 27, 2011 | Category: Probate

Probate, trusts, and transfer on death transfers
S.E.A. 169, P.L. 36-2011
Effective April 20, 2011 (§ 1-3, 6-16); July 1, 2011 (§ 4, 5)
Provides that joint owners and other entities that own motor vehicles and watercraft may transfer title to a motor vehicle or watercraft as a transfer on death transaction. (Current law restricts the procedures to individuals who are the sole owners of motor vehicles or watercraft.) Specifies that in the case of an unsupervised estate in which it has been determined that a decedent died intestate, a will may not be probated unless it is presented before a closing statement is filed. Provides that the will of a decedent may be presented to the court for probate and admitted to probate at any time if no estate proceedings have been commenced for the decedent and an asset of the decedent remains titled or registered in the name of the decedent, and that the will may be probated for the sole purpose of transferring ownership of the asset. Provides that a domiciliary foreign personal representative may exercise all powers of a local unsupervised personal representative. Defines “discretionary interest.” Specifies that real property transferred to matrimonial trusts for estate planning purposes continues to enjoy the ownership protection of real property owned as joint tenants by the entireties. Provides that the terms of a matrimonial trust may restrict the transfer of matrimonial property. Specifies when property continues to be matrimonial property despite a settlor’s death, when claims against the property are barred, and when matrimonial trusts cease to be matrimonial trusts. Specifies that the transfer at death of an individual retirement account or a similar account or plan or of benefits under an employee benefit plan is not considered a non-probate transfer. Provides that the transfer on death act does not apply to certain transfers of retirement or employee benefits. Provides that the endorsement of the county auditor is not necessary to record a transfer on death deed. Removes a provision stating that a surviving spouse’s election to take against a will does not apply to a valid transfer on death transfer. Provides that the affidavit certifying the death of the transferor and cross-referencing the transferor’s transfer on death deed must be endorsed by the county auditor in order to be recorded.

Probate matters
H.E.A. 1055, P.L. 178-2011
Effective May 10, 2011 (§ 11); July 1, 2011 (§ 1-10)
Enacts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Governs issues concerning original jurisdiction, registration, transfer, and out-of-state enforcement of guardianships and protective orders appointed or issued for adults. Specifies the notice requirements following court action on a petition to appoint a temporary guardian. Authorizes a parent of a minor or a guardian of a protected person to designate a standby guardian effective upon the death or incapacity of the parent or guardian. Specifies the information required in a declaration designating a standby guardian. Provides that the declaration is not binding upon the juvenile justice system with respect to the placement of a child who is subject to an allegation of abuse or neglect; an open child in need of services case; or an open delinquency case. Provides that the declaration is effective for 90 days unless the standby guardian files a petition for guardianship, in which case the declaration is effective until the court rules on the petition. Provides that a delegation of parental powers by power of attorney is effective immediately. Makes conforming changes, including changing the duration of a temporary guardianship from 60 days to 90 days. Corrects a formula determining the amount of property interests that a joint holder may disclaim after the death of another joint owner if, during the deceased holder’s lifetime, the deceased holder could have unilaterally regained a part of the jointly held property without the consent of any other holder.

Another bill of interest:

Disposition and interment of human remains
S.E.A. 146, P.L. 34-2011
Effective July 1, 2011