The Civil Law Committee heard SB 56 authorizing legacy trusts authored by Sens. Steele and Bray. The bill establishes procedures for creating a legacy trust that protects the transferor’s assets from creditors while allowing the transferor to retain an interest in the trust. The bill allows claims against the trust for fraudulent transfers, enforcement of certain child support o … [Read more...] about Legacy trusts
Probate code study commission
The Civil Law Committee heard SB 291 authored by Sens. Zakas and Steele recommending that the Legislative Council reestablish the probate code study commission. Two amendments were adopted by consent. The first amendment authorizes the commission to meet as needed. The second amendment removes the fiscal aspects of the bill. The Indiana State Bar Association, Probate, Trust and Real … [Read more...] about Probate code study commission
Proceedings supplemental to execution
The Senate Judiciary Committee heard Sen. Steel’s SB 2 on proceedings supplemental to execution. This bill provides that a person requesting the mailing of a document by registered or certified mail in a proceeding supplemental shall pay for the mailing. The bill was amended to add that a party must provide a pre-stamped envelope after the initial mailing and to delete that this app … [Read more...] about Proceedings supplemental to execution
Application of foreign law
The Senate Judiciary Committee heard SB 38, authored by Sen. Steele and Sen. Delph, on the application of foreign law. This bill provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the U.S. or I … [Read more...] about Application of foreign law
Medical malpractice actions
The Senate Judiciary Committee heard SB 55, Sen. Steele’s bill on medical malpractice actions that permits a patient to bring an action against a health care provider without submitting the complaint to the Medical Review Board if the amount of the claim is not more than $187,000. Under current law, a patient may bring a direct action only if the amount is not more than $15,000. A … [Read more...] about Medical malpractice actions