Relating to probate law, including charitable organizations as named beneficiaries

This bill relates to probate law regarding charitable organizations designated as beneficiaries of an estate. The bill allows a charitable organization to present an affidavit to any person for the purpose of obtaining property, or information regarding property, owned by a decedent for which the charitable organization is a designated beneficiary. The bill provides the representations and requirements of the affidavit presented. The bill prohibits a person from requesting any additional personal information of an individual employed by, or serving on the board of, such charitable organization. The bill provides that upon completion of the bill’s requirements, the charitable organization shall receive the decedent’s property as the beneficiary and a transfer agent of a security described in the affidavit shall change registered ownership on the books of the corporation from the decedent to or for the benefit of the successor. The bill provides that a person in good faith that relies upon and has no knowledge that the representations in the affidavit are incorrect shall not be liable to any person for so acting in reliance of the affidavit. The person who received the request has 30 days to verify the affidavit and provide the information or requested property to the charitable organization. Upon failing to do so the charitable organization may bring an action to recover the property, information, or to compel the delivery of the property against the person to whom the charitable organization presented the affidavit. The bill allows an action to be brought within one year after the date of the act or failure to act. If the charitable organization prevails in the court action, the court may also award damages sustained, costs of the action, a penalty determined by the court of not less than $500 and not more than $10,000, and reasonable attorney fees.