Probate Law

April 20, 2010 | Category: Probate

Guardianships, estate administration, trusts matters, and wills
S.E.A. 65, P.L. 6-2010
Effective July 1, 2009 (§ 25); December 1, 2009 (§ 6, 13); July 1, 2010 (§ 1-5, 7-12, 14-24, 26-40)
Provides requirements for affidavits showing no inheritance tax due.  Makes changes to transfer on death provisions for motor vehicles and watercraft.  Provides that wills and trusts of decedents who die in 2010 that contain certain federal estate tax and generation-skipping transfer tax laws refers to these tax laws as they applied with respect to estates of decedents on Dec. 31, 2009.  Requires the personal representative to include a statement in each petition or other document filed with the court that the personal representative delivered a copy of the petition or other document to each person whose written consent or waiver of notice is presented to the court in support of the petition or document.  Provides that an interested person may petition for the removal of a personal representative.  Amends IC 29-3-5-1 regarding the contents of a petition for guardianship to include provisions regarding protective orders authorized under IC 29-3-4.  Repeals and replaces the current statute on the powers of the guardian to engage in estate planning for the protected person among other duties.  Makes amendments regarding discretionary interests, factors for determining dominion and control over a trust, irrevocable trusts, and creditor relations to trusts.  Authorizes matrimonial trusts.  Provides that if a beneficiary to a trust cannot be found, the court may order the trustee to sell the shares of the trust, with some specific exceptions, to which the beneficiary was entitled and deposit the proceeds with the clerk of the court.  Requires the clerk to hold the proceeds for the use and benefit of the person.   Makes amendments to the transfer on death and disclaimer provisions.

Volunteer advocates programs for incapacitated adults and seniors
H.E.A. 1169, P.L. 72-2010
Effective July 1, 2010
Provides that a court will appoint volunteer advocates for seniors programs or volunteer advocates for incapacitated adults programs (programs) rather than individual advocates.  Changes the: (1) reporting requirements for, (2) duties of, and (3) appointments of programs.  Provides that a program may petition the court for reasonable compensation or reimbursement of expenses.  Provides that probate courts in adjacent counties may establish joint or multiple county programs.  Provides that probate courts may contract with an Indiana nonprofit or municipal corporation to provide programs.  Provides that the programs have the duties of a guardian of a minor.  Provides that the programs have certain guardianship responsibilities regarding the property of an incapacitated adult or senior.