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ID S1121

Bill

Status

Passed

3/22/2011

Primary Sponsor

Unknown

Origin

Senate

2011 Regular Session

AI Summary

  • Amends Idaho Code Section 15-2-801 to revise the timeframe for filing a disclaimer (renunciation) of inherited property or interests to nine (9) months after death of the decedent, transfer of property, or when the recipient's interest becomes indefeasibly vested.

  • Allows renunciations to be filed by agents under a power of attorney, conservators, guardians, or personal representatives on behalf of incapacitated or deceased persons, without requiring the power of attorney to specifically authorize renunciation if the power is general in nature.

  • Specifies that for decedents who died after December 31, 2009 but before December 17, 2010, the filing deadline shall not be earlier than September 19, 2011.

  • Removes outdated provisions and makes technical corrections to clarify existing law regarding what constitutes a valid renunciation, who may renounce, and how renounced property passes to other beneficiaries.

  • Declares an emergency and applies the amendments retroactively to January 1, 2010 for all decedents dying on or after that date.

Legislative Description

Amends existing law relating to intestate succession and wills to revise the time frame for filing a disclaimer under certain circumstances; and to remove outdated provisions.

INTESTATE SUCCESSION

Last Action

Governor signed Session Law Chapter 106 Effective: 01/01/10 for all decedents on and after that date

3/22/2011

Committee Referrals

Judiciary and Rules2/18/2011

Full Bill Text

No bill text available
ID S 1121 - Passed | Idaho 2011 Bill | Vulcan Bills