House Bill 139

Chair's Name: Wendell Willard

Committee: Judiciary

House Sponsor: Wendell Willard

HB 139 makes some changes to the rules of intestate succession in the case of an abandoned minor child. If a child dies without a will, a parent who willfully abandoned the child looses their right to administer or inherit a share of the child�s estate. �Abandon� is narrowly defined and must be �without justifiable cause�, and so would not bar a parent who cannot maintain contact with a child for reasons of deployment, incarceration, no visitation rights, etc. In cases were abandonment is alleged, the probate court will determine the issue in a evidentiary hearing and the burden of proof is on the party alleging the abandonment. If the alleged abandoning parent cannot be personally served, the citation must be published and the judge must appoint a guardian ad litem to represent the party�s interest in the hearing before the interest in the estate can be forfeited.

The committee substitute received a Do Pass recommendation from the Judiciary Committee and comes to the House Floor under the Open Rule. 

Chairman Willard�s opinion of this legislation:

WHAT PROBLEM/OPPORTUNITY DOES THIS LEGISLATION ADDRESS?

HB139 deals with the inheritance of the estate of a minor child.  Under current law, parents who have abandoned their minor children cannot recover from their estate.  This bill prohibits parents who have abandoned their children from intestate succession of the minor child�s estate.

WHAT IS THE DRIVING FORCE BEHIND THIS LEGISLATION?

Probate Court judges are concerned about the ability of absentee parents to receive the child�s estate. 

THIS LEGISLATION:

• Strengthens our Traditional Family Structure and Increases Personal Responsibility:

Will encourage parents to support and maintain contact with their children.