February 03, 2016

Indiana Probate Code Needs, Problems Mounting in Absence of Probate Study Commission

For the second time in as many years, the Indiana General Assembly is considering a bill that would reinstate the Probate Code Study Commission, which was slashed in 2014 as part a law limiting the number of interim study committees. Faegre Baker Daniels partner Sarah Jenkins told The Indiana Lawyer that, prior to its elimination, the commission “served a vital role” in advising legislators on the probate code and that a number of issues are being neglected in its absence. A bill to reinstate the commission, Senate Bill 31, has gained bipartisan support and has passed second reading in the Senate, although Lawyer noted that "a similar bill considered during the 2015 session got all the way through the upper chamber before it died in a House of Representatives committee."

“If we’re not thinking critically about these [probate] issues, we’re not doing our constituents any favors,” Jenkins, a former chair of the Indiana State Bar Association’s Probate, Trust & Real Property Section, said.

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