SB0018

Summary

Various probate matters. 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. Provides 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. Specifies that the provisions in favor of the testator's or trust settlor's former spouse are reinstated if the testator or the settlor remarries the former spouse. Provides that a court may order a convicted felon to serve as a domiciliary personal representative under certain circumstances. Provides that a claim by the estate recovery unit is forever barred unless the estate recovery unit takes certain action against the decedent's estate not later than 120 days after the date of death of the decedent. 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 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. 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. 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. Resolves a technical conflict with HEA 1034-2024. Makes conforming and technical changes. (The introduced version of this bill was prepared by the probate code study commission.)

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