SB 78-1_ Filed 02/12/2008, 13:30
Your Committee on Judiciary , to which was referred Senate Bill 78 , has had the
same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
SOURCE: Page 4, line 3; (08)CR007801.4. -->
Page 4, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 27-8-5-22; (08)CR007801.4. -->
"SECTION 4. IC 27-8-5-22 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 22. (a) All individual
policies of accident and sickness insurance issued for delivery in
Indiana after June 30, 1990, must provide for the refund of unused
premiums upon the death of the insured during the contract period.
(b) The amount of premium refund shall be prorated from the date
following the date of death of the insured to the end of the contract
period for which the premium has been paid.
(c) The refund required by this section shall be paid as follows:
(1) If a person other than the insured paid the premium, to that
person. A person entitled to a refund under this subdivision must
furnish proof of payment to the insurer.
(2) If the insured paid the premium, to the surviving spouse of the
insured. If there is no surviving spouse, the premium shall be paid
in the same manner as distributions of the net estate of a person
who dies intestate under IC 29-1-2-1(d). A parent disqualified
under IC 29-1-2-1(e) from receiving an intestate share of the
parent's child's estate is not entitled to a refund under this
section of insurance premiums paid by the child.
(d) A person entitled to receive a refund under this section must do
(1) Submit a written request for the refund.
(2) Furnish proof of the insured's death.
(e) This section does not affect the rights of a dependent under a
policy covered by this section to obtain a conversion policy upon the
death of the insured.
SOURCE: IC 29-1-2-1; (08)CR007801.5. -->
SECTION 5. IC 29-1-2-1, AS AMENDED BY P.L.61-2006,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. (a) The estate of a person dying intestate shall
descend and be distributed as provided in this section.
(b) Except as otherwise provided in subsection (c), the surviving
spouse shall receive the following share:
(1) One-half (1/2) of the net estate if the intestate is survived by
at least one (1) child or by the issue of at least one (1) deceased
(2) Three-fourths (3/4) of the net estate, if there is no surviving
issue, but the intestate is survived by one (1) or both of the
(3) All of the net estate, if there is no surviving issue or parent.
(c) If the surviving spouse is a second or other subsequent spouse
who did not at any time have children by the decedent, and the
decedent left surviving the decedent a child or children or the
descendants of a child or children by a previous spouse, the surviving
second or subsequent childless spouse shall take only an amount equal
to twenty-five percent (25%) of the remainder of:
(1) the fair market value as of the date of death of the real
property of the deceased spouse; minus
(2) the value of the liens and encumbrances on the real property
of the deceased spouse.
The fee shall, at the decedent's death, vest at once in the decedent's
surviving child or children, or the descendants of the decedent's child
or children who may be dead. A second or subsequent childless spouse
described in this subsection shall, however, receive the same share of
the personal property of the decedent as is provided in subsection (b)
with respect to surviving spouses generally.
(d) The share of the net estate not distributable to the surviving
spouse, or the entire net estate if there is no surviving spouse, shall
descend and be distributed as follows:
(1) To the issue of the intestate, if they are all of the same degree
of kinship to the intestate, they shall take equally, or if of unequal
degree, then those of more remote degrees shall take by
(2) Except as provided in subsection (e), if there is a surviving
spouse but no surviving issue of the intestate, then to the
surviving parents of the intestate.
(3) Except as provided in subsection (e), if there is no surviving
spouse or issue of the intestate, then to the surviving parents,
brothers, and sisters, and the issue of deceased brothers and
sisters of the intestate. Each living parent of the intestate shall be
treated as of the same degree as a brother or sister and shall be
entitled to the same share as a brother or sister. However, the
share of each parent shall be not less than one-fourth (1/4) of the
decedent's net estate. Issue of deceased brothers and sisters shall
take by representation.
(4) If there is no surviving parent or brother or sister of the
intestate, then to the issue of brothers and sisters. If the
distributees described in this subdivision are all in the same
degree of kinship to the intestate, they shall take equally or, if of
unequal degree, then those of more remote degrees shall take by
(5) If there is no surviving issue or parent of the intestate or issue
of a parent, then to the surviving grandparents of the intestate
(6) If there is no surviving issue or parent or issue of a parent, or
grandparent of the intestate, then the estate of the decedent shall
be divided into that number of shares equal to the sum of:
(A) the number of brothers and sisters of the decedent's
parents surviving the decedent; plus
(B) the number of deceased brothers and sisters of the
decedent's parents leaving issue surviving both them and the
and one (1) of the shares shall pass to each of the brothers and
sisters of the decedent's parents or their respective issue per
(7) If interests in real estate go to a husband and wife under this
subsection, the aggregate interests so descending shall be owned
by them as tenants by the entireties. Interests in personal property
so descending shall be owned as tenants in common.
(8) If there is no person mentioned in subdivisions (1) through
(7), then to the state.
(e) A parent may not receive an intestate share of the estate of
the parent's minor or adult child if:
(1) the parent was convicted while the child was alive of:
(A) murder (IC 35-42-1-1) or voluntary manslaughter
(IC 35-42-1-3) in Indiana; or
(B) a crime in any other jurisdiction in which the elements
of the crime are substantially similar to the elements of
murder or voluntary manslaughter; and
(2) the victim of the crime is the other parent of the child.
If a parent is disqualified from receiving an intestate share under
this subsection, the estate of the deceased child shall be distributed
as though the parent had predeceased the child.
SOURCE: Page 6, line 35; (08)CR007801.6. -->
Page 6, line 35, delete "terminated," and insert " terminated
Renumber all SECTIONS consecutively.
(Reference is to SB 78 as reprinted January 23, 2008.)
and when so amended that said bill do pass.
CR007801/DI 107 2008