Probate and guardianship matters

The Senate Judiciary Committee heard HB 1252 sponsored by Sen. Freeman regarding probate and guardianship matters. The author, Rep. John Young, introduced the bill which 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.

Amendment 3 was adopted by consent to add multiple cross-references to statutes in certain places after the Indiana Attorney General expressed concern with the language.  Amendment 4 was adopted by consent to add a single cross-reference to statute.

The Indiana Bar Association testified in support only of Amendment 3. The amended bill passed 6-1 .

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