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Committee advances probate code changes including creditor notice and POA tax authority fixes
Summary
House Bill 1088 would revise multiple probate and trust provisions, including creditor-notice language, trustee authority to make in-kind IRA distributions, and continuing power-of-attorney authority for tax matters after death.
House Bill 1088, presented to the Judiciary committee by Jeff Deibel (Frost Brown Todd) on behalf of the Probate, Trust and Real Property Section of the State Bar Association, would make multiple changes to titles 29 and 30 of the probate and trust code.
Deibel outlined four primary changes: (1) clarify creditor notice rules under IC 29-1-7-7 so mailed late notices include the correct claims deadline; (2) expressly authorize personal representatives and trustees to make in-kind distributions of IRAs or retirement accounts to beneficiaries without obtaining a separate court order; (3) correct and clarify the…
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