The Senate Judiciary Committee heard SB 18 authored by Sen. Liz Brown on various probate matters. This bill:
- expands the definition of a health care representative.
- creates a procedure to transfer the interest of certain single member, limited liability companies to a legatee or heir of the member upon the member’s death.
- requires an affiant to send a copy of certain affidavits concerning a small estate to the estate recovery unit of the office of Medicaid policy and planning (unit).
- requires a fiduciary to send a copy of a verified statement concerning the closing of a decedent’s estate to the unit if the decedent was at least 55 years of age at the time of death and if a notice of estate administration was not previously served upon the unit.
- provides that a claim against a decedent’s estate by the unit is forever barred if the unit fails to take certain actions within a specified period of time.
- provides that a personal representative or a trustee is not required to distribute particular assets based upon the potential gain or loss that a distributee would realize if the assets were sold.
- provides that a document creating a power of attorney that does not contain a notary and preparation statement may be recorded with the county recorder if the document meets certain criteria.
- provides signature formats for an attorney in fact to use when signing an instrument on behalf of a principal.
- provides recording requirements when including cross-references to a previously recorded document.
- defines a “qualified real property order” and creates a new form of recordable affidavit and creates a qualified real property order to provide missing legal descriptions and tax parcel identification numbers for real property that is transferred or divided. It also provides a process for filing and recording the affidavit and a qualified real property order.
- requires the endorsement of the county auditor to record a transfer on death deed and instrument.
- specifies who an owner may designate as a grantee in a beneficiary designation instrument.
- clarifies the form and scope of a transfer on death instrument.
- makes conforming and technical changes.
The bill was amended by consent to provide:
- discretion to the probate court to order that a convicted felon may serve as a personal representative.
- that certain provisions in a will or revocable trust in favor of the testator’s or trust settlor’s former spouse are revoked upon dissolution or annulment of the marriage.
- that a verified petition for the issuance of a confidential health disclosure order must state whether the alleged incapacitated person cannot provide or has refused to provide written authorization for disclosure of certain medical information.
The Indiana State Bar Association Probate, Trust, and Real Property Section testified in support of the bill. The amended bill passed 11-0. Read the bill at https://iga.in.gov/legislative/2024/bills/senate/18