| SB518 | PROBATE MATTERS. (KOCH E) Repeals the probate study subcommittee. Creates the probate code study commission. 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) a party beneficially interested in one or more of the challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged. Specifies that the issuance of a court order on any matter related to an unsupervised estate does not revoke the personal representative's authority to continue the administration of the estate as an unsupervised estate. Adds definitions for the terms: (1) "petition for administration"; and (2) "unit address". Provides a process for filing a notice of administration. Removes certain reporting requirements regarding small estate administration to the estate recovery unit of the office of Medicaid policy and planning. Recognizes the small estate threshold of $25,000 for the estate of an individual who dies before July 1, 2007. Authorizes the Indiana supreme court and office of judicial administration to establish and administer a statewide electronic estate planning documents registry (registry). Allows certain individuals to deposit the following items into the registry: (1) An electronic will. (2) An electronic trust instrument. (3) An electronic power of attorney. (4) Any electronic document that revokes or amends an electronic will, electronic trust instrument, or electronic power of attorney. Requires the administrator of the registry to catalog submitted items according to the following: (1) The name of the testator, settlor, or principal. (2) The county of residence for the testator, settlor, or principal. (3) The date of execution for an electronic estate planning document. (4) The date of submission to or deposit with the registry of information pertaining to an electronic estate planning document. (5) The name of any attorney responsible for the preparation or execution of an electronic estate planning document. Requires the registry administrator to make the registry index: (1) available to; and (2) searchable by; the public. Requires the registry administrator to keep the substantive content of electronic documents submitted to or deposited with the registry private, secure, and inaccessible to the public. Requires the registry administrator to issue a certified report concerning the existence of certain items submitted to or deposited with the registry in certain instances. Requires the registry administrator to issue a certified transcript of certain documents submitted to or deposited with the registry in certain instances. Allows the registry administrator to charge fees in certain instances. Revises definitions for the following terms: (1) "Document integrity evidence". (2) "Tamper evident". Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person that: (A) is at least 18 years of age; and (B) has a mental or physical impairment that prohibits the person from protecting the person's interests. Allows certain individuals to act on behalf of a specified adult in certain instances involving the financial exploitation of the specified adult. Provides that if a transfer on death deed has been recorded before the death of the owner, a subsequent conveyance is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated. Establishes dates that determine when certain probate statutes apply. Requires a court to issue certain findings before exempting encumbered real property from certain restrictions concerning the sale of the real property. Allows the devolution of real estate title to be demonstrated by prima facie evidence. Specifies how devolution of real estate title may be demonstrated. Requires the estate recovery unit of the office of Medicaid policy and planning to provide notice of a claim against an estate in certain instances. Makes technical corrections. |
| | Current Status: | 5/5/2019 - SIGNED BY GOVERNOR
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| | All Bill Status: | 4/22/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 553: yeas 39, nays 8
4/22/2019 - , (Bill Scheduled for
Hearing)
4/22/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 575: yeas 69, nays 0; Rules Suspended
4/22/2019 - Senate Conference Committees Eligible for Action
4/22/2019 - , (Bill Scheduled for
Hearing)
4/18/2019 - Senate Conference Committees Eligible for Action
4/18/2019 - CCR # 1 filed in the House
4/18/2019 - CCR # 1 filed in the Senate
4/16/2019 - , (Bill Scheduled for
Hearing)
4/11/2019 - Senate Conferees appointed Koch and Lanane
4/11/2019 - Senate Advisors appointed Head and Randolph Lonnie M
4/11/2019 - Senate dissented from House Amendments
4/11/2019 - House Advisors appointed Young J, Torr, Dvorak and Hatfield
4/11/2019 - House Conferees appointed Steuerwald and DeLaney
4/11/2019 - Motion to dissent filed
4/11/2019 - Returned to the Senate with amendments
4/9/2019 - Third reading passed; Roll Call 442: yeas 95, nays 0
4/9/2019 - Senate Bills on Third Reading
4/8/2019 - Second reading amended, ordered engrossed
4/8/2019 - Amendment #1 (DeLaney) prevailed; voice vote
4/8/2019 - Senate Bills on Second Reading
4/4/2019 - Committee Report do pass, adopted
4/3/2019 - House Committee recommends passage Yeas: 16; Nays: 0
4/3/2019 - House Ways and Means, (Bill Scheduled for
Hearing)
4/1/2019 - Referred to the Committee on Ways and Means pursuant to House Rule 127
4/1/2019 - Committee Report amend do pass, adopted
4/1/2019 - House Committee recommends passage, as amended Yeas: 9; Nays: 0
4/1/2019 - House Judiciary, (Bill Scheduled for
Hearing)
3/5/2019 - Referred to House Judiciary
3/5/2019 - First Reading
2/11/2019 - Referred to House
2/7/2019 - House sponsor: Representative Steuerwald
2/7/2019 - Third reading passed; Roll Call 94: yeas 48, nays 1
2/7/2019 - Senate Bills on Third Reading
2/5/2019 - Second reading amended, ordered engrossed
2/5/2019 - Amendment #1 (Glick) prevailed; voice vote
2/5/2019 - Amendment #2 (Koch) prevailed; voice vote
2/5/2019 - Senate Bills on Second Reading
2/4/2019 - added as second author Senator Head
2/4/2019 - Senate Bills on Second Reading
1/31/2019 - Committee Report do pass, adopted
1/30/2019 - Senate Committee recommends passage Yeas: 11; Nays: 0
1/30/2019 - Senate Judiciary, (Bill Scheduled for
Hearing)
1/14/2019 - Referred to Senate Judiciary
1/14/2019 - First Reading
1/14/2019 - Authored By Eric Koch
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| SB604 | VOIDING AND RELEASING CLAIMS IN LAND INTERESTS. (DORIOT B) Adds a provision to the statute concerning marketable title for real property to provide that, after a person has filed a claim for an interest in land, the claim is void if: (1) the owner of the property subject to the claim (or any person having an interest in the property) provides written notice to the claimant to file an action to enforce the claim; and (2) the claimant fails to file, within 30 days after receiving the notice to enforce the claim, an action to enforce the claim in the county where the property is located. Provides that upon the claimant's failure to file an action to enforce the claim within the 30 day period, the person who provided the notice to the claimant may file with the recorder of the county where the property is located an affidavit stating that the person has served notice on the claimant to enforce the claim and that no action for enforcement of the claim is pending. Requires the county recorder to record the affidavit of service. Requires that an affidavit of service must also include a reference to the recording information for the recorded notice of claim. Requires that, when the county recorder records the affidavit of service, the recorder must include a reference to the recorded notice of claim in the record book. Allows a county recorder to certify certain records by cross reference to the records, rather than on the records themselves. |
| | Current Status: | 5/2/2019 - SIGNED BY GOVERNOR
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| | All Bill Status: | 4/23/2019 - Conference Committee Report Adopted (H) Report 1: adopted by the House; Roll Call 614: yeas 93, nays 0; Rules Suspended
4/23/2019 - Conference Committee Report Adopted (S) Report 1: adopted by the Senate; Roll Call 573: yeas 48, nays 0; Rules Suspended
4/23/2019 - Senate Conference Committees Eligible for Action
4/23/2019 - , (Bill Scheduled for
Hearing)
4/23/2019 - Senate Conference Committees Eligible for Action
4/23/2019 - , (Bill Scheduled for
Hearing)
4/23/2019 - CCR # 1 filed in the House
4/23/2019 - CCR # 1 filed in the Senate
4/17/2019 - , (Bill Scheduled for
Hearing)
4/8/2019 - House Advisors appointed Torr, Steuerwald, DeLaney and Dvorak
4/8/2019 - House Conferees appointed Manning and Bauer
4/4/2019 - Senate Advisors appointed Head, Taylor G and Koch
4/4/2019 - Senate Conferees appointed Doriot and Randolph Lonnie M
4/2/2019 - Senate dissented from House Amendments
4/2/2019 - Motion to dissent filed
4/2/2019 - Concurrence withdrawn
4/2/2019 - Concurrences Eligible for Action
4/1/2019 - Concurrences Eligible for Action
3/27/2019 - Motion to concur filed
3/26/2019 - Third reading passed; Roll Call 357: yeas 91, nays 0
3/26/2019 - Senate Bills on Third Reading
3/25/2019 - added as cosponsor Representative Miller
3/25/2019 - added as cosponsors Representatives Wesco and Stutzman
3/25/2019 - Senate Bills on Third Reading
3/21/2019 - Second reading ordered engrossed
3/21/2019 - Senate Bills on Second Reading
3/18/2019 - Committee Report amend do pass, adopted
3/18/2019 - House Committee recommends passage, as amended Yeas: 12; Nays: 0
3/18/2019 - House Committee recommends passage, as amended Yeas: 12; Nays: 0
3/18/2019 - House Judiciary, (Bill Scheduled for
Hearing)
3/7/2019 - Referred to House Judiciary
3/7/2019 - First Reading
2/27/2019 - Referred to House
2/26/2019 - House sponsor: Representative Manning
2/26/2019 - Third reading passed; Roll Call 252: yeas 48, nays 1
2/26/2019 - Senate Bills on Third Reading
2/25/2019 - added as third author Senator Koch
2/25/2019 - Second reading ordered engrossed
2/25/2019 - Senate Bills on Second Reading
2/21/2019 - added as second author Senator Head
2/21/2019 - Committee Report amend do pass, adopted
2/20/2019 - Senate Committee recommends passage, as amended Yeas: 8; Nays: 0
2/20/2019 - Senate Judiciary, (Bill Scheduled for
Hearing)
1/15/2019 - Referred to Senate Judiciary
1/15/2019 - First Reading
1/15/2019 - Authored By Blake Doriot
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