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Legislative Update

Probate and guardianship matters

May 14, 2021 Filed Under: Probate

H.E.A. 1252, P.L. 184
Effective: July 1, 2021

  • Removes conflicts between probate and guardianship statutes regarding classification of claims. Requires, for purposes of the power of attorney act, that a principal may not be a minor.
  • Creates a tenant’s representative for a deceased tenant or a tenant who is under a guardianship and specifies who may accept an appointment as a tenant’s representative.
  • Protects the proceeds from the sale of real property where no estate administration has been opened within five months of the decedent’s date of death from claims of all creditors. Lists the claims having priority and preference in certain circumstances.
  • Makesa technical correction between SEA 276 and HB 1252

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

Filed Under: Probate Tagged With: estates, guardianship, landlord-tenant

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