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Legislative Update

Wrongful death

January 28, 2022 Filed Under: Civil, Probate

The Senate Judiciary Committee heard SB 132 on wrongful death authored by Sen. Freeman and Sen. Sandlin. This bill originally required a policy or certificate of life insurance to pay the estate of an insured individual’s spouse if the spouse would have been entitled to the proceeds of the insured individual’s life insurance policy and the spouse was intentionally killed by the insured individual. The bill also includes a married individual who does not have any dependents and whose death was caused by a spouse within the definition of “adult person” for the purpose of a wrongful death action.

The bill was amended by consent to remove all the insurance provisions. The amendment also added a definition section to help clarify the changes to the “slayer statute” (murderer does not benefit from victim’s death). The amendment clarifies, in the situation of a murder and suicide, the murderer’s assets would pass to the estate of the victim (the non-culpable spouse).

Attorney Jeff Dible testified in support of the amended bill.  The amended bill passed 11-0.

Read the bill at: http://iga.in.gov/legislative/2022/bills/senate/132

Filed Under: Civil, Probate Tagged With: estates, murder

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