CS/HB 325 (2011) -  Estates

General Bill by Judiciary Committee and Wood
Estates: Provides fiduciary lawyer-client privilege; revises provisions relating to intestate share of surviving spouse; provides right to reform terms of will to correct mistakes or achieve tax objectives; provides for award of fees & costs in reformation & modification proceedings either against party's share in estate or in form of personal judgment against party individually; clarifies that revocation of will is subject to challenge on grounds of fraud, duress, mistake, or undue influence; specifies that challenge to revocation of will may not be commenced before testator's death; provides for notice of fiduciary lawyer-client privilege; clarifies when challenge to revocation of revocable trust may be brought; provides that creation of trust amendment or trust restatement & revocation of trust are subject to challenge on grounds of fraud, duress, mistake, or undue influence; limits circumstances under which guardian of an incapacitated person may bring challenge to settlor's revocation of revocable trust; clarifies that certain payments by trustee from trust assets are not taxation of attorney's fees & costs subject to specified Rule of Civil Procedure; provides applicability.
Effective Date: June 21, 2011, except as otherwise provided
Last Event: 06/23/11 Chapter No. 2011-183 on Thursday, June 23, 2011 8:22 AM

Referred Committees and Committee Actions

House Referrals

Related Bills

Bill # Subject Relationship
Bill #: CS/SB 648 Subject: Estates Relationship: Similar
Bill #: SB 708 Subject: Lawyer-client Privilege Relationship: Compare

Bill Text

Staff Analysis

Chamber Committee
Chamber: House Committee: Final Bill Analysis 6/27/2011 3:55:27 PM
Chamber: House Committee: Judiciary Committee 3/18/2011 1:01:48 PM
Chamber: House Committee: Judiciary Committee 3/16/2011 10:41:47 AM
Chamber: House Committee: Civil Justice Subcommittee 2/23/2011 5:53:08 PM
Chamber: House Committee: Civil Justice Subcommittee 2/23/2011 11:50:01 AM
Chamber: House Committee: Civil Justice Subcommittee 2/21/2011 12:43:22 PM

Vote History

Chamber Date Yeas Nays Action Action 2 Vote Detail Barcode
Chamber: House Date: 04/14/2011 04:14 PM   Yeas: 119 Nays: 0 Action: Passage Action 2: Vote Detail: Vote [Seq# 199] Barcode:
Chamber: Senate Date: 04/29/2011 10:26 AM   Yeas: 39 Nays: 0 Action: Action 2: Vote Detail: Vote [Seq# 21] Barcode:

Bill History

Event Time Member Committee Ver.
Event: Chapter No. 2011-183 Time: 06/23/2011 - 8:22 AM Member: Committee: Version: er
Event: Approved by Governor Time: 06/21/2011 - 4:37 PM Member: Committee: Version: er
Event: Signed by Officers and presented to Governor Time: 06/13/2011 - 10:25 AM Member: Committee: Version: er
Event: H Ordered enrolled Time: 05/02/2011 - 7:22 PM Member: Committee: Version: c1
Event: H In Messages Time: 05/02/2011 - 7:22 PM Member: Committee: Version: c1
Event: S CS passed; YEAS 39 NAYS 0 -SJ 595 Time: 04/29/2011 - 10:26 AM Member: Committee: Version: c1
Event: S Read 3rd time -SJ 595 Time: 04/29/2011 - 10:25 AM Member: Committee: Version: c1
Event: S Placed on Calendar, on 2nd reading Time: 04/29/2011 - 10:25 AM Member: Committee: Version: c1
Event: S Read 2nd time -SJ 595 Time: 04/29/2011 - 10:25 AM Member: Committee: Version: c1
Event: S Substituted for CS/SB 648 -SJ 595 Time: 04/29/2011 - 10:25 AM Member: Committee: Version: c1
Event: S Withdrawn from Judiciary; Banking and Insurance; Rules -SJ 595 Time: 04/29/2011 - 10:25 AM Member: Committee: Version: c1
Event: S Received -SJ 573 Time: 04/29/2011 - 8:21 AM Member: Committee: Version: c1
Event: S Referred to Judiciary; Banking and Insurance; Rules -SJ 573 Time: 04/27/2011 - 8:49 PM Member: Committee: Version: c1
Event: S In Messages Time: 04/15/2011 - 3:59 PM Member: Committee: Version: c1
Event: H Message sent to senate Time: 04/15/2011 - 3:56 PM Member: Committee: Version: c1
Event: H Passage on third reading Time: 04/14/2011 - 4:14 PM Member: Committee: Version: c1
Event: H CS passed; YEAS 119, NAYS 0 Time: 04/14/2011 - 4:13 PM Member: Committee: Version: c1
Event: H Read 3rd time Time: 04/14/2011 - 4:13 PM Member: Committee: Version: c1
Event: H Read 2nd time Time: 04/14/2011 - 4:10 PM Member: Committee: Version: c1
Event: H Bill added to Special Order Calendar (4/14/2011) Time: 04/11/2011 - 6:12 PM Member: Committee: Version: c1
Event: H Added to Second Reading Calendar Time: 03/21/2011 - 3:17 PM Member: Committee: Version: c1
Event: H Bill referred to House Calendar Time: 03/21/2011 - 3:17 PM Member: Committee: Version: c1
Event: H 1st Reading Time: 03/18/2011 - 6:11 PM Member: Committee: Version: c1
Event: H CS Filed Time: 03/18/2011 - 1:17 PM Member: Committee: Version: c1
Event: H Laid on Table under Rule 7.19(a) Time: 03/18/2011 - 1:17 PM Member: Committee: Version: __
Event: H Reported out of Judiciary Committee Time: 03/18/2011 - 1:02 PM Member: Committee: Judiciary Committee Version: __
Event: H Favorable with CS by Judiciary Committee Time: 03/17/2011 - 10:28 AM Member: Committee: Judiciary Committee Version: __
Event: H Added to Judiciary Committee agenda Time: 03/15/2011 - 4:12 PM Member: Committee: Judiciary Committee Version: __
Event: H 1st Reading Time: 03/08/2011 - 10:24 PM Member: Committee: Version: __
Event: H Now in Judiciary Committee Time: 02/23/2011 - 5:53 PM Member: Committee: Judiciary Committee Version: __
Event: H Reported out of Civil Justice Subcommittee Time: 02/23/2011 - 5:53 PM Member: Committee: Civil Justice Subcommittee Version: __
Event: H Favorable by Civil Justice Subcommittee Time: 02/23/2011 - 4:00 PM Member: Committee: Civil Justice Subcommittee Version: __
Event: H Added to Civil Justice Subcommittee agenda Time: 02/16/2011 - 4:16 PM Member: Committee: Civil Justice Subcommittee Version: __
Event: H Now in Civil Justice Subcommittee Time: 02/01/2011 - 3:27 PM Member: Committee: Civil Justice Subcommittee Version: __
Event: H Referred to Judiciary Committee Time: 02/01/2011 - 3:27 PM Member: Committee: Judiciary Committee Version: __
Event: H Referred to Civil Justice Subcommittee Time: 02/01/2011 - 3:27 PM Member: Committee: Civil Justice Subcommittee Version: __
Event: H Filed Time: 01/21/2011 - 12:03 PM Member: Wood Committee: Version: __