2020 -- S 2683

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LC004951

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO PROBATE PRACTICE AND PROCEDURE -- INHERITANCE FROM

CHILD BY NON-SUPPORTING PARENT

     

     Introduced By: Senators Nesselbush, Lombardi, Valverde, Lawson, and Crowley

     Date Introduced: February 27, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 33 of the General Laws entitled "PROBATE PRACTICE AND

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PROCEDURE" is hereby amended by adding thereto the following chapter:

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CHAPTER 1.2

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INHERITANCE FROM CHILD BY NON-SUPPORTING PARENT

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     33-1.2-1. Disqualification of non-supporting parent(s) from inheritance from child.

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     Notwithstanding any other provision of law, if the parent(s) of a deceased child would be

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the intestate heir(s) of real and/or personal property pursuant to the provisions of this title, either

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parent or any other heir with an interest based upon the decedent having died intestate may petition

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the probate court for the denial or limitation of the rights of either or both parent(s) to a share of

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the probate estate. If the court determines, by a preponderance of the evidence, that the parent(s)

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failed to reasonably provide support for the decedent, did not otherwise provide for the needs of

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the decedent during their minority, or that adherence to the intestate provisions of this title would

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be inequitable, the parent(s) shall be a disqualified parents(s). The share, or portion of the share

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limited by the court, that a disqualified parent(s) would have taken, shall pass as though the

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disqualified parent(s) had predeceased the decedent child.

 

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     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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     This act would provide a mechanism for either parent or other heirs of a decedent child

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who dies intestate to petition the probate court for a determination that the parent(s) failed to

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provide reasonable support to the decedent resulting in denial or limitation of the right of the

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parent(s) to a share of the decedent's estate.

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     This act would take effect upon passage.

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