Probate Law

April 5, 2012 | Category: Probate

Power of attorney and attorney in fact

S.E.A. 157, P.L. 42-2012

Effective July 1, 2012

Provides that a copy of the power of attorney has the same force and effect as the original power of attorney if the person granting the power of attorney certifies that the copy is a true and correct copy. Specifies that a child of the principal may request an accounting with respect to transactions entered into by an attorney in fact. Urges the legislative council to study issues related to powers of attorney during the 2012 interim.

Immediate detention orders

S.E.A. 176, P.L. 62-2012

Effective July 1, 2012

Authorizes a court to order an individual to be transported to an appropriate facility (excluding a state institution) for a preliminary medical and psychological evaluation if the court has reasonable grounds to believe that the individual (1) has a mental illness, (2) is dangerous, and (3) is in immediate need of hospitalization and treatment. Provides that the costs of transportation and care must be paid by the county in which the individual was taken into custody if there were not reasonable grounds to believe that the individual had a mental illness and was dangerous.

Inheritance tax

S.E.A. 293, P.L. 157-2012

Effective July 1, 2012

Reclassifies a spouse, widow, or widower of a child or stepchild of the transferor as a Class A transferee instead of a Class B or Class C transferee.  Increases the inheritance tax exemption amount for Class A transferees from $100,000 to $250,000 with respect to taxable transfers resulting from the deaths of individuals dying after December 31, 2011.  Phases out the inheritance tax over 9 years beginning in 2013.  Phases out the inheritance tax replacement amounts payable to counties over 10 years beginning with amounts payable for the state fiscal year beginning July 1, 2012.

Various estate administration matters

H.E.A. 1258, P.L. 149-2012

Effective March 19, 2012 (§§11, 13-16); July 1, 2012 (§§1-10, 12, 17-19)

Provides that transfers made to entities, as defined in the code, are taxed at the same percentages as the individual’s beneficial or ownership interest in the entity.  Eliminates the ability to file a recovery claim against a Medicaid recipient’s spouse.  Provides that foreign wills probated after the deadlines expire are limited in the same way as Indiana wills probated after the deadlines expire.  Provides that the costs and expenses of administration include fees of a surrogate attorney that has been approved by the court under the rules and have been filed as a claim in the estate of a deceased attorney in determining priority of claims.  Provides that a standby guardian has the same powers granted to a guardian by statute.  Provides that if custodial property, including a custodial account, is worth less than $10,000 a guardian does not need to be appointed under IC 29-3-3-1.  Provides that amendments to IC 30-4 regarding trusts applies to all trusts created prior to the amendments unless stated otherwise in this article of the code, or to do so would adversely affect a right of a beneficiary, give a right to a beneficiary that was not intended when the trust was created, impose a duty or liability on any person that was not intended when the trust was created, or relieve any person from a duty or liability imposed by the terms of the trust or under prior law.  Provides that amendments to the law concerning transfers on death apply to all such transfers created prior to the effective date of the applicable amendment and that a testamentary trust with transfer on death property comes into existence as of the owner’s death if the owner’s last will and testament is admitted to probate.  Makes several amendments regarding the rights of a personality’s rights of publicity.

See also:

Guardianships

S.E.A. 32, P.L. 115-2012

Description under Family & Juvenile Law.