Probate and property matters

The House Judiciary Committee heard HB 1255 authored by Rep. John Young regarding probate and property matters. This bill allows a will or power of attorney (POA) to be executed in two or more counterparts and includes new definitions for observe and presence and allows for interaction and witnessing of documents by audiovisual communications.   The bill limits who can be directed to sign for another on a trust document to prevent fraud and allows for two witnesses to authenticate a POA.  The bill also repeals certain provisions regarding notarial acts and provides clarification and consistency throughout the probate code regarding notarial acts and recording documents.

The bill was amended by consent to insert “not” after “is” on pg. 48 line 48 and switch the date throughout from May 15 to May 31.

The Indiana State Bar Association, Notarized, Inc., Indiana Land Title Association, Indiana Credit Union League, and the Indiana Recorder’s Association testified in support of the bill. The bill passed 9-0.

Read the bill at:  http://iga.in.gov/legislative/2021/bills/house/1255