HB1349 Summary

• Prohibits persons convicted of exploitation of an elderly person or disabled adult from inheriting from the victim or receiving any interest in the victim's estate, including devises, legacies, POD/TOD designations, joint tenancy interests, or distributions.

• Property passes as if the convicted person died before the decedent, except joint tenancy interests are not diminished; exception applies if victim knew of conviction and subsequently expressed intent in writing to transfer property to the convicted person.

• Property holders are not liable for distributions made before conviction; financial institutions and similar entities are protected from liability unless they knowingly distribute property after receiving actual written notice of conviction with sufficient time to act.

• Real property protection does not apply to bona fide purchasers for value unless a certified copy of the judgment and sentence is recorded with the county clerk in the property's county.

• Property holders knowing of a conviction must fully cooperate with law enforcement and court orders; regulated entities (financial institutions, fiduciaries, insurance companies) are exempt from cooperation requirements to the extent privacy laws prevent disclosure.

• Courts may discretionarily allow convicted persons to receive reduced rather than complete forfeiture of interests; civil actions may be brought by interested persons after victim's death or during lifetime if victim is adjudicated disabled.

• Act becomes effective November 1, 2015.