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DE SB138

Bill

Status

Passed

8/6/2013

Primary Sponsor

Bryan Townsend

Click for details

Origin

Senate

147th General Assembly

AI Summary

  • Expands the definition of "child" for intestate succession to include children legitimated under Delaware law, affecting inheritance rights for children born out of wedlock

  • Strengthens spendthrift trust protections by adding garnishment to the list of creditor remedies that cannot be used against trust beneficiary interests

  • Establishes procedures for nonjudicial settlement agreements, allowing interested persons to resolve trust matters including interpretation, trustee appointments, and compensation without court approval

  • Allows unanimous appointment of successor trustees by beneficiaries when a trust has no serving trustee and the governing instrument lacks effective succession provisions

  • Extends statutes of limitations protections to revocable trusts after the trustor's death, barring claims against the trust to the same extent they would be barred against the trustor's estate

Legislative Description

An Act To Amend Titles 12, 18, And 25 Of The Delaware Code Relating To Fiduciary Relations, Insurance, And Property.

Last Action

Signed by Governor

8/6/2013

Committee Referrals

Judiciary6/25/2013
Banking6/14/2013

Full Bill Text

No bill text available