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HB 0139 - Estates and wills; descent and distribution; provisions

Tracking Level: Passed
Sponsor: Willard,Wendell 49th
Last Action: 5/18/2007 - House Date Signed by Governor
House Committee: Judy
Senate Committee: S JUDY
Assigned To:
07. Juvenile CourtsNext Bill
08. Probate CourtsNext Bill

Staff Analysis of the Legislation

Amend 53-1-20.  Defines �abandon�, �abandonment�, and �minor child�.  For the right of recovery for the wrongful death of a child, when a minor child dies without a will, a parent who willfully abandons his or her minor child and continues such abandonment until the death of the minor chills shall loses all right to intestate succession to the minor child�s estate and shall not have the right to administer the minor child �s� estate unless the abandoning parent resumes the parental relationship with the minor child at least one year prior to the minor child�s death and continues that parental relationship until the death of the minor child.  A parent who has been deprived of the custody of his or her minor child under an order of a court and who has substantially compelled with the support requirements of the order shall not be barred from inheriting from the minor child�s estate.  For cases in which abandonment is alleged, the moving party shall file a motion with the probate court requiring the judge to determine the issue of abandonment and shall serve all parties.  A hearing shall be conducted and all parties all have the opportunity to present evidence regarding the party�s relationship with the decedent.  The burden of proof to show abandonment is on the person asserting the abandonment.  The judge�s decision shall not be disturbed absent an abuse of discretion.  All parties to a motion filed shall be served according to this Chapter.  If a party can�t be personally served and the party�s interest in an estate is subject to forfeiture the judge shall appoint a guardian ad litem for the party; the citation shall also be published in the newspaper in which sheriff�s advertisements are published in the county where the party was last known to reside.  In the event that a parent is disqualified from making a distributing share in the estate of a decent the estate of such decedent shall be distributed in according with this Code section as if the parent predeceased the decedent.


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