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Committee advances elder-abuse bill to bar convicted abusers from inheriting or benefiting from victims' estates
Summary
SB 41 would prevent people convicted of elder abuse or financial exploitation from receiving benefits under a victim's will, intestate succession or joint tenancy; the committee approved a favorable report while members asked for clearer language about convictions and civil remedies.
The Senate Judiciary Committee gave SB 41 a favorable report after the sponsor described the measure as intended to prevent convicted elder abusers from receiving benefits from their victims' estates.
Senator Kelly said the bill would bar an individual convicted of elder abuse or financial exploitation from inheriting under the abused or exploited individual's will or intestate succession and from benefiting through joint tenancy or property interests. "The bill would provide that an individual who is convicted of elder abuse or financial exploitation of an elderly person may not receive benefits under the abused or exploited individual's will," Kelly said.
Committee members expressed concern about a clause later in the bill that appears to allow relief "in the absence of a conviction." Senator Gavan asked for clearer language to avoid creating a backdoor civil remedy that would complicate estate closings and real-property transfers; he noted joint accounts and vesting issues that could create practical problems. Sponsors said they would work with the committee attorney and consider adding a contingent legatee or other language to address those scenarios.
Miss Ogden called the roll and the committee recorded multiple "aye" votes; the chair announced SB 41 was given a favorable report. Senators said they will continue to refine language to ensure the bill achieves its intent without unintended consequences for estate administration.
