2018 -- S 2285

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LC004483

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - ELECTIVE SHARE

     

     Introduced By: Senators Lombardi, Jabour, Nesselbush, Lynch Prata, and McCaffrey

     Date Introduced: February 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 33-28-1 of the General Laws in Chapter 33-28 entitled "Elective

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Share" is hereby amended to read as follows:

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     33-28-1. Elective share.

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     (a) The surviving spouse of a decedent who dies domiciled in this state has a right of

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election, under the limitations and conditions stated in this chapter, to take an elective share equal

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to: the life estate and allowance of an intestate's real estate pursuant to §§ 33-1-5 and 33-1-6, and

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share of an intestate's personal estate pursuant to § 33-1-10.

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     (1) The life estate and allowance in an intestate's real estate titled in the name of the

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decedent individually at the time of the decedent's death pursuant to §§ 33-1-5 and 33-1-6; and

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     (2) The share of the decedent's personal estate subject to probate pursuant to § 33-1-10.

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     The elective share may be taken in kind or the value thereof.

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     (b) If the right of election is exercised by, or on behalf of the surviving spouse, the

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surviving spouse's allowances pursuant to chapter 10 of this title, if any, are not charged against,

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but are in addition to, the elective share.

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     (c) The right, if any, of the surviving spouse of a decedent who dies domiciled outside

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this state to take an elective share in property in this state is governed by the law of the decedent's

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domicile at death.

 

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     SECTION 2. This act shall take effect upon passage and shall apply to the estates of

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decedents dying on and after July 1, 2018.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE - ELECTIVE SHARE

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     This act would clarify the right of a surviving spouse of a decedent regarding elective

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shares taken against the decedent's will relating to real and personal estate to the estates of

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decedents dying on and after July 1, 2018.

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     This act would take effect upon passage and would apply to the estates of decedents

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dying on and after July 1, 2018.

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