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Pence signs probate, problem-solving court legislation

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Gov. Mike Pence signed 25 bills into law Monday, including legislation restricting criminal background checks and changes to probate and trust administration.

House Enrolled Act 1056 makes various changes regarding a personal representative’s employment of an attorney, the powers and duties of a personal representative, guardianships and the rules of trust construction. The legislation also says that estate lawyers do not have a duty to collect, possess, manage, maintain, monitor or account for estate assets, unless otherwise required by a specific court order. Estate lawyers are also not liable for any loss suffered by the state, except for losses caused by the lawyer’s breach of duty owed to the personal representative. An estate attorney represents and only owes a duty to the personal representative under the new law.

The original bill was prepared by the Probate Code Study Commission. Estate attorneys hoped the legislation would clarify concerns raised after the Indiana Court of Appeals ruled on the scope and duties of a lawyer working on behalf of an estate’s personal representative.

House Enrolled Act 1016 allows problem-solving courts to offer rehabilitative services to participants. It also urges the Legislative Council to require the Commission on Courts during the 2013 legislative interim to evaluate the funding of veterans courts and to make recommendations to legislators. The new law also simplifies the problem-solving court fee transfer process.

HEA 1392 restricts criminal background checks and specifies that a clerk of a court is not a “criminal history provider” under the new law. The law allows a criminal history provider to provide certain information relating to an incident that did not result in a conviction, as well as provide information concerning expunged, restricted or reduced convictions to a person required by law to obtain the information. The introduced version of the bill was prepared by the Criminal Law and Sentencing Policy Study Committee.

Other legislation Pence signed Monday includes:

HEA 1029 on who may obtain adoption history information; HEA 1061 allowing Marion Superior courts to appoint 12 full-time magistrates and Warrick Circuit and Superior courts to jointly appoint a magistrate; and HEA 1108 on sentencing for youthful offenders.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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