HSB 106

This bill relates to probate proceedings. The bill allows a fiduciary to present a written request to any person for the purpose of obtaining information about the property owned by the decedent or protected person that has passed or will pass by beneficiary designation or joint tenancy ownership. The written request needs to be dated and affirmed under penalty of perjury to be true and correct. Under current law, a certified copy of a will is provided to the executor by the clerk of court upon the will being admitted into probate. The bill requires an executor to request a copy. The bill requires that a party claiming that the decedent’s will was procured by tortious interference with inheritance must join the claims in a timely will contest. The bill changes the procedure in lieu of a conservatorship for a minor by increasing the aggregate amount of money from $25,000 to $50,000 under which the amount may be paid or delivered to the following: a uniform transfer to minor account, a uniform custodial trust account, an account owner or participant under a college savings plan account, or an account owner under an ABLE account. _____ may be paid or delivered in this manner only if authorized by the court. The bill provides that the cost of a trial transcript for an indigent respondent shall be assessed against the county in which the probate proceedings are pending. The bill creates a procedure for a trustee’s written request and third-party protection. A trustee may present a written request to any person for the purpose of obtaining information needed to perform the trustee’s duties or regarding property owned by the trust for which the trustee is acting as fiduciary, for which a living or deceased settlor is entitled, or owned by the deceased settlor at the time of death.4604). A person to whom a request is presented may require that the trustee presenting the request provide proof of the trustee’s identity. The bill provides that a person who in good faith provides the property or information a trustee requests, after taking reasonable steps to verify the identity of the trustee and who has no knowledge that the representations contained in the request are incorrect, shall not be liable to any person for so acting and may assume without inquiry the existence of the facts contained in the request. If a person refuses to provide the requested property or information within business days after receiving a request, the trustee may bring an action to recover the property or information or compel its delivery against the person to whom the trustee presented the written request. In an action against a person for unreasonably withholding property, the court may award any or all of the following to the trustee: damages sustained by the trust or by a living or deceased settlor’s estate, costs of the action, a penalty set forth in the bill, and reasonable attorney fees. _____ otherwise entitled. The bill allows an agent of a protected person to establish a medical assistance special needs trust and a medical assistance income trust pursuant to Code chapter 633C for the benefit of the principal. Certain provisions of the bill apply to estates, trusts, and conservatorships in existence on or after July 1, 2023, that were opened or created before, on, or after July 1, 2023, as set forth in the bill.