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ID S1300

Bill

Status

Passed

4/5/2016

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Amends Section 15-2-802 to clarify that individuals divorced from or whose marriage was annulled to the decedent are not surviving spouses, unless subsequently remarried to the decedent at time of death.

  • Adds Section 15-2-804 to automatically revoke revocable property dispositions, appointments, powers of appointment, and fiduciary nominations made to a former spouse or their relatives upon divorce or annulment, except as otherwise provided by express terms of governing instruments, court orders, or marital settlement agreements.

  • Severs joint tenancy with survivorship interests held by former spouses at the time of divorce, transforming them into equal tenancies in common unless a written declaration of severance is properly recorded.

  • Protects payors and third parties from liability for payments or transfers made in good faith before receiving written notice of divorce, annulment, or remarriage, but allows courts to hold disputed amounts pending determination of entitlement.

  • Shields bona fide purchasers from liability, but requires former spouses and their relatives who received property without valuable consideration to return it or face personal liability to the entitled person.

Legislative Description

Amends and adds to existing law to provide that certain probate and nonprobate transfers are revoked upon divorce.

ESTATES

Last Action

Signed by Governor on 04/05/16 Session Law Chapter 362 Effective: 07/01/2016

4/5/2016

Committee Referrals

Judiciary and Rules2/11/2016

Full Bill Text

No bill text available