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2016 SESSION
SB 181 Augmented estate; elective share of surviving spouse.
Introduced by: A. Benton "Ben" Chafin | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Augmented estate; elective share of surviving spouse. Revises provisions of the Code related to the elective share of the surviving spouse of a decedent dying on or after January 1, 2017, to track revisions made to the Uniform Probate Code by the Uniform Law Commission. The bill calculates the elective share of the surviving spouse as a graduated percentage, taking into account both spouses' assets and the length of marriage. Under current law, the surviving spouse is awarded 50% of the estate if there were no children and 33.3% if there were children. The bill also clarifies the process by which the elective share is to be claimed and provides instructions for the valuation of assets to encourage uniformity in the method of calculation of the elective share. This bill is identical to HB 231.
FULL TEXT
- 01/04/16 Senate: Prefiled and ordered printed; offered 01/13/16 16101823D pdf
- 02/29/16 Senate: Bill text as passed Senate and House (SB181ER) pdf
- 03/07/16 Governor: Acts of Assembly Chapter text (CHAP0269) pdf
HISTORY
- 01/04/16 Senate: Prefiled and ordered printed; offered 01/13/16 16101823D
- 01/04/16 Senate: Referred to Committee for Courts of Justice
- 01/27/16 Senate: Reported from Courts of Justice (13-Y 0-N 1-A)
- 01/29/16 Senate: Constitutional reading dispensed (36-Y 0-N)
- 02/01/16 Senate: Read second time and engrossed
- 02/02/16 Senate: Read third time and passed Senate (39-Y 1-N)
- 02/05/16 House: Placed on Calendar
- 02/05/16 House: Read first time
- 02/05/16 House: Referred to Committee for Courts of Justice
- 02/19/16 House: Assigned Courts sub: Civil Law
- 02/22/16 House: Subcommittee recommends reporting (10-Y 0-N)
- 02/24/16 House: Reported from Courts of Justice (22-Y 0-N)
- 02/25/16 House: Read second time
- 02/26/16 House: Read third time
- 02/26/16 House: Passed House BLOCK VOTE (97-Y 0-N)
- 02/26/16 House: VOTE: BLOCK VOTE PASSAGE (97-Y 0-N)
- 02/29/16 Senate: Enrolled
- 02/29/16 Senate: Bill text as passed Senate and House (SB181ER)
- 02/29/16 House: Signed by Speaker
- 03/03/16 Senate: Signed by President
- 03/04/16 Senate: Enrolled Bill Communicated to Governor on 3/4/16
- 03/04/16 Governor: Governor's Action Deadline Midnight, March 11, 2016
- 03/07/16 Governor: Approved by Governor-Chapter 269 (effective 7/1/16)
- 03/07/16 Governor: Acts of Assembly Chapter text (CHAP0269)