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Senate Bill 0252


Senate Bill 0252

ARCHIVE (2002)

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DIGEST OF SB 252 (Updated March 14, 2002 6:56 PM - DI 75)


Numerous changes to probate, trust, and tax laws. Changes notice of appraisal requirements. Makes various changes concerning the responsibilities of an attorney in fact. Allows a putative father, for the purpose of inheritance, to execute a paternity affidavit to establish the paternity of a child born out of wedlock. Provides that a person with custody of a will is only required to deliver the will to the court if the person receives a written demand from the personal representative or upon court order. Provides that a person incurs civil liability if, not more than three business days after receiving the power of attorney, the person refuses to accept the authority of an attorney in fact granted under a power of attorney. Provides that a person does not incur civil liability if the person provides the attorney in fact with a written statement not more than ten days after the refusal explaining why: (1) the power of attorney is legally invalid; or (2) the attorney in fact is exercising a power not provided in the power of attorney. Provides that a nonprobate transfer does not include transfer of a survivorship interest in a tenancy by the entireties real estate, the transfer of a life insurance policy or annuity or payment of death proceeds thereof. Provides that the liability of a nonprobate transferee: (1) may not exceed the value of the nonprobate transfers received or controlled by the nonprobate transferee; and (2) does not include the net contributions of the nonprobate transferee. Repeals a superseded provision concerning the liability of a person who receives payment from a multiple party account for claims against the estate. Reconciles technical conflicts between ESB 252 and ESB 57. Makes other changes. (The introduced version of this bill was prepared by the probate code study commission.)
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