Introduced Version






HOUSE BILL No. 1051

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 29-1-2-12.1.

Synopsis: Constructive trustees. Provides that if a constructive trust is established, the property that is subject to the trust may not be withheld from those persons legally entitled to the property while an appeal from the constructive trustee's judgment of conviction is pending.

Effective: July 1, 2001.





Stilwell




    January 8, 2001, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 112th General Assembly (2001)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1051



    A BILL FOR AN ACT to amend the Indiana Code concerning probate.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 29-1-2-12.1; (01)IN1051.1.1. -->     SECTION 1. IC 29-1-2-12.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 12.1. (a) A person is a constructive trustee of any property that is acquired by him or that he is otherwise entitled to receive as a result of a decedent's death, if that person has been found guilty, or guilty but mentally ill, of murder, causing suicide, or voluntary manslaughter, because of the decedent's death. A judgment of conviction is conclusive in a subsequent civil action to have the person declared a constructive trustee.
    (b) A civil action may be initiated to have a person declared a constructive trustee of property that is acquired by him, or that he is otherwise entitled to receive, as a result of a decedent's death, if:
        (1) the person has been charged with murder, causing suicide, or voluntary manslaughter, because of the decedent's death; and
        (2) the person has been found not responsible by reason of insanity at the time of the crime.
If a civil action is initiated under this subsection, the court shall declare that the person is a constructive trustee of the property if by a

preponderance of the evidence it is determined that the person killed or caused the suicide of the decedent.
    (c) If a constructive trust is established under this section, the property that is subject to the trust may be used only to benefit those persons, other than the constructive trustee, legally entitled to the property, determined as if the constructive trustee had died immediately before the decedent. However, if any property that the constructive trustee acquired as a result of the decedent's death has been sold to an innocent purchaser for value who acted in good faith, that property is no longer subject to the constructive trust, but the property received from the purchaser under the transaction becomes subject to the constructive trust.
     (d) If a constructive trust is established under this section, the property that is subject to the trust may not be withheld from those persons legally entitled to the property while an appeal from the constructive trustee's judgment of conviction is pending.