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MS SB2729

Bill

Status

Failed

2/5/2019

Primary Sponsor

Joey Fillingane

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Establishes the Mississippi Real Property Transfer on Death Act, allowing individuals to transfer real property to designated beneficiaries through a revocable, nontestamentary deed effective upon death, requiring recording before transferor's death and capacity equivalent to making a contract.

  • Creates the Mississippi Uniform Estate Tax Apportionment Act governing how estate taxes are allocated among beneficiaries and property interests, with provisions for statutory apportionment, credits, deferrals, and court jurisdiction in chancery courts.

  • Enacts provisions automatically revoking certain will and trust designations favoring former spouses upon divorce, including removal of former spouses as beneficiaries and fiduciaries unless expressly preserved by court order or prenuptial agreement.

  • Establishes creditor rights provisions distinguishing between discretionary, mandatory, and support trust interests, with spendthrift provisions protecting trust beneficiaries from creditors except for child support, spousal support, and certain judgment creditors.

  • Enacts the Mississippi Uniform Disclaimer of Property Interests Act (2002/2010) allowing individuals to refuse interests in property or powers of appointment with specific delivery and filing requirements, effective July 1, 2019.

Legislative Description

Uniform Probate and Trust Codes; enact portions.

Last Action

Died In Committee

2/5/2019

Committee Referrals

Judiciary, Division A1/21/2019

Full Bill Text

No bill text available