2019 -- S 0076 | |
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LC000569 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
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A N A C T | |
RELATING TO PROBATE PRACTICE AND PROCEDURE -- INHERITANCE FROM | |
CHILD BY NON-SUPPORTING PARENT | |
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Introduced By: Senators Nesselbush, Crowley, Quezada, Lombardi, and Lawson | |
Date Introduced: January 16, 2019 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 33 of the General Laws entitled "PROBATE PRACTICE AND |
2 | PROCEDURE" is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 1.2 |
4 | INHERITANCE FROM CHILD BY NON-SUPPORTING PARENT |
5 | 33-1.2-1. Disqualification of non-supporting parent(s) from inheritance from child. |
6 | Notwithstanding any other provision of law, if the parent(s) of a deceased child would be |
7 | the intestate heir(s) of real and/or personal property pursuant to the provisions of this title, either |
8 | parent or any other heir with an interest based upon the decedent having died intestate may |
9 | petition the probate court for the denial or limitation of the rights of either or both parent(s) to a |
10 | share of the probate estate. If the court determines, by a preponderance of the evidence, that the |
11 | parent(s) failed to reasonably provide support for the decedent, did not otherwise provide for the |
12 | needs of the decedent during their minority, or that adherence to the intestate provisions of this |
13 | title would be inequitable, the parent(s) shall be a disqualified parent(s). The share, or portion of |
14 | the share limited by the court, that a disqualified parent(s) would have taken shall pass as though |
15 | the disqualified parent(s) had predeceased the decedent child. |
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1 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO PROBATE PRACTICE AND PROCEDURE -- INHERITANCE FROM | |
CHILD BY NON-SUPPORTING PARENT | |
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1 | This act would provide a mechanism for either parent or other heirs of a decedent child |
2 | who dies intestate to petition the probate court for a determination that the parent(s) failed to |
3 | provide reasonable support to the decedent resulting in denial or limitation of the right of the |
4 | parent(s) to a share of the decedent's estate. |
5 | This act would take effect upon passage. |
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