Probate and guardianship matters

The House Judiciary Committee heard HB 1252 authored by Rep. John Young regarding probate and guardianship matters. This bill removes conflicts between probate and guardianship statutes regarding classification of claims.  The bill requires that a principal may not be a minor for purposes of power of attorney act.  The bill also creates a tenant’s representative for a deceased tenant or a tenant who is under guardianship and protects proceeds from sale of real property where no estate administration has been opened within five months of the decedent’s date of death from claims of creditors.

The bill was amended by consent to make technical corrections and add clarifications to determine who is the tenant’s representative.  The Indiana Apartment Association and the Indiana State Bar Association testified in support of the amended bill.

The amended bill passed 9-0.

Read the bill at:  http://iga.in.gov/legislative/2021/bills/house/1252