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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowAn unintended change in law that temporarily required will challenges to be filed within the probate case was reversed under a bill that took effect July 1 and tweaked several provisions of Indiana’s Probate Code.
Rep. Tom Washburne, R-Evansville, said a prior change in law that required will contests to be filed in the same probate action resulted from a mistaken interpretation of what probate and estate lawyers sought. His House Enrolled Act 1407 restored the prior practice of will challenges filed as a separate action.
HEA 1407 cleared the General Assembly without a vote against it, cleaning up or correcting several probate and estate issues that Washburne said were noncontroversial. The key changes include:
• An amendment to Indiana Code 29-3-1-3.5, requiring guardians to have due regard for any request made for a minor by the minor’s parent, de facto guardian, or power of attorney.
• Amendments to I.C. 29-3-5-5, allowing parents, de facto custodians of a minor, or a person nominated by will of a deceased parent, de facto custodian, or their power of attorney to be considered for appointment as a guardian.
• A new section under the trusts title, I.C. 30-4-3-7.5, permits otherwise prohibited transactions with the written consent of all qualified beneficiaries, or by court order after a notification to all beneficiaries and a hearing.
• An amendment to I.C. 30-4-5-12 establishing the presumption of receipt of a statement or accounting by a beneficiary if the trustee has procedures requiring mailing or emailing, if the beneficiary has agreed to receive the statement or accounting by mail or email.
• Clerks may not collect a fee for the filing of a closing statement for an estate described in I.C. 29-1-8-4.•
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