H.E.A. 1208, P.L. 162
Effective: July 1, 2022
- In one instance in the law on health care advance directives, changes the word “testator” to “declarant”.
- Amends several provisions relating to the filing of notices to make those provisions consistent with Rules of Trial Procedure 86 and 87 concerning electronic filing.
- Resolves inconsistencies in two sections of the chapter on dispensing with administration so that those sections authorize a fiduciary to distribute and disburse the estate assets before filing a closing statement.
- Authorizes the appointment of a special administrator under certain circumstances and establishes a procedure for the appointment of a special administrator for the purpose of pursuing a claim for a decedent’s wrongful death.
- In a section concerning the filing of an electronic will, replaces an incorrect reference with a reference to the Rules on Access to Court Records.
- Provides that a video or audio recording of a principal who executes a power of attorney may be admissible as evidence of matters relevant to the validity or enforceability of the power of attorney.
- Provides that any objection to a final account and petition for distribution of a decedent’s estate must be filed at least 14 days before the hearing date.
- Eliminates references to a trustee “docketing” a trust and identifies permissible methods for the filing of a copy of a trust instrument with a court.
- Amends two definitions of “electronic power of attorney” to provide that an electronic power of attorney may be signed in the presence of witnesses instead of being notarized.
- Provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received by the culpable person.
- 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 introduced version of this bill was prepared by the Probate Code Study Commission.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1208