PEN LEG Elder Abuse and Property

Published on: Jul 4, 2024

On Jul. 1, PEN LEG passed bill on elder abuse and acquiring property.

  • PEN LEG passed HB 1760 relating to elder abuse, decedents, estates and fiduciaries.
  • Amends PEN LEG 20-2106 Forfeiture, PEN LEG 20-2507 Modification by circumstances, PEN LEG 88-8801 Definitions, PEN LEG 88-8802.1 Slayer not to acquire property.
  • Bill Provisions
  • Any person convicted of offenses constituting elder abuse may not acquire property or receive any benefits upon death of victim, but such property, benefits to be distributed
  • Defines slaying, elder abuse, elder abuser, decedent, property, slayer, and victim.
  • Slayer or elder abuser shall be deemed to have predeceased decedent or victim as to property which would have passed from the decedent or victim or his estate to slayer.
  • Or have been acquired by dower, by curtesy or by statutory right as surviving spouse.
  • Property to be passed to or for benefit of slayer or elder abuser by devise or legacy from decedent or victim shall be distributed as if he had predeceased decedent.
  • if a person is charged with elder abuse, property or benefit that would pass to person from decedent's estate shall be placed and preserved in escrow by person appointed.
  • Upon dismissal or withdrawal of charge, or upon return of a verdict of not guilty, the property or benefit held in escrow shall pass as if no charge had been filed or made.
  • Legislative History
  • On Oct. 16, 2023, bill was introduced in House; on Dec. 13, 2023, bill passed House.
  • On Jan. 5, 2024, bill was introduced in Senate; on Jun. 27, 2024, bill passed Senate.
  • On Jul. 1, 2024, bill was approved by the governor, designated as Act No 40 of 2024.
  • Effectiveness
  • Bill provisions take effect in 180 days on Mar. 10, 2025.
Regulators
PEN LEG
Entity Types
Bank; CNSM; Corp; Fiduciary
Reference
Act 40, Bill, HB1760, 7/1/2024; Citation: *PEN LEG* 20-2106, 20-2507, 88-8801, 88-8802.1;
Functions
Compliance; Financial; Legal; Operations
Countries
United States of America
Category
State
N/A
Products
Banking; Corporate; Seniors
Rule Type
Final
Regions
Am
Rule Date
Jul 1, 2024
Effective Date
Mar 10, 2025
Rule ID
217899
Linked to
N/A
Reg. Last Update
Jul 1, 2024
Report Section
US Consumer