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Legislative Update

Probate

Accounting by attorney in fact

May 17, 2019 Filed Under: Probate

S.E.A. 223, P.L. 151 Effective: July 1, 2019 Provides that an attorney in fact is required to render and deliver a written accounting if requested by a person who jointly owns an account with the principal. Provides that an attorney in fact may not render and deliver an accounting to the child of the principal, if a court has determined that the rendering and delivery of an … [Read more...] about Accounting by attorney in fact

Various trust matters

May 17, 2019 Filed Under: Probate

S.E.A. 265, P.L. 221 Effective: July 1, 2019 Defines "designated representative", "judicial proceeding", and "nonjudicial matter" for purposes of the trust code. Authorizes the establishment of legacy trusts. Prescribes the procedures for establishing a legacy trust and requirements for claims under a legacy trust. Provides that a court shall exercise jurisdiction over a legacy … [Read more...] about Various trust matters

Supported decision making

May 17, 2019 Filed Under: Probate

S.E.A. 380, P.L. 68 Effective: July 1, 2019 Requires that a person who files a petition for the appointment of a guardian for an incapacitated person or minor must inform the court what less restrictive alternatives were considered or implemented and, if less restrictive alternatives were not considered or implemented, the reason for the failure to consider or implement less … [Read more...] about Supported decision making

Probate matters

May 17, 2019 Filed Under: Probate

S.E.A. 518, P.L. 231 Effective: July 1, 2019; §3 effective May 5, 2019. Repeals the probate study subcommittee. Creates the probate code study commission. [§3] Allows a person to contest two or more wills if there is prima facie evidence that: (1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or (2) … [Read more...] about Probate matters

Accounting by attorney in fact

April 12, 2019 Filed Under: Probate

The House Judiciary Committee heard SB 223 on accounting by attorney in fact, sponsored by Rep. Steuerwald. The bill provides that an attorney in fact is required to render and deliver a written accounting if requested by a person who jointly owns an account with the principal. The bill also provides that an attorney in fact may not render and deliver an accounting to the child of … [Read more...] about Accounting by attorney in fact

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