Senate Bill 2749

AN ACT TO AMEND SECTIONS 91-7-47, 91-7-63, 91-9-9, 91-9-107 AND 93-13-15, MISSISSIPPI CODE OF 1972, TO REMOVE THE REPEALERS ON THE PROVISIONS OF LAW THAT PROVIDE FOR ADDITIONAL RIGHTS AND DUTIES FOR EXECUTORS RELATING TO ENVIRONMENTAL LAWS; TO PROVIDE FOR NOTICE AND REPRESENTATION RULES REGARDING ADMINISTRATIVE OR JUDICIAL PROCEEDINGS INVOLVING ESTATES OF DECEDENTS OR TRUSTS; TO CREATE THE UNIFORM POWER OF ATTORNEY ACT; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE APPLICABILITY OF THE ACT; TO PROVIDE FOR THE CREATION, EFFECT, DURATION AND TERMINATION OF A POWER OF ATTORNEY; TO ALLOW CO-AGENTS AND SUCCESSOR AGENTS; TO PROVIDE FOR THE DUTIES OF AN AGENT; TO PROVIDE FOR JUDICIAL RELIEF; TO ADDRESS LIABILITY; TO ADDRESS THE APPLICABILITY OF OTHER LAW; TO PROVIDE FOR THE AUTHORITY AND DUTIES OF AN AGENT AND POWER OF ATTORNEY; TO PROVIDE FOR THE CREATION OF A STATUTORY FORM POWER OF ATTORNEY; TO PROVIDE A FORM FOR AN AGENT'S CERTIFICATION; TO PROVIDE FOR UNIFORMITY OF APPLICATION AND CONSTRUCTION AND THE EFFECT ON EXISTING POWERS OF ATTORNEY; TO REPEAL SECTION 87-3-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT DEATH IS NOT AN ABSOLUTE REVOCATION OF AN AGENCY; TO REPEAL SECTIONS 87-3-101 THROUGH 87-3-113, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE UNIFORM DURABLE POWER OF ATTORNEY ACT; TO AMEND SECTION 93-13-251, MISSISSIPPI CODE OF 1972, TO REVISE THE LIST OF PERSONS NEEDING A CONSERVATOR; TO AMEND SECTION 93-13-253, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS REGARDING NOTICE OF TIME AND PLACE OF HEARING FOR APPOINTMENT OF CONSERVATORS; TO AMEND SECTION 91-1-15, MISSISSIPPI CODE OF 1972, TO REVISE CONDITIONS UNDER WHICH AN ILLEGITIMATE CHILD MAY INHERIT FROM THE NATURAL FATHER; TO AMEND SECTION 27-10-5, MISSISSIPPI CODE OF 1972, TO EXCLUDE CERTAIN PROPERTY FROM THE DEFINITION OF THE TERM "ESTATE" AND TO REVISE THE DEFINITION OF THE TERM "PERSON INTERESTED IN THE ESTATE" FOR PURPOSES OF THE STATE UNIFORM ESTATE TAX APPORTIONMENT ACT; TO AMEND SECTION 27-10-7, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS REGARDING THE APPORTIONMENT OF TAX UNDER THE STATE UNIFORM ESTATE TAX APPORTIONMENT ACT; TO AMEND SECTION 85-3-1, MISSISSIPPI CODE OF 1972, TO EXEMPT CERTAIN PAYMENTS INTO AND OUT OF COLLEGE TUITION SAVINGS PROGRAMS FROM SEIZURE UNDER EXECUTION OR ATTACHMENT; TO PROVIDE THAT DIVORCE OR ANNULMENT SHALL CAUSE PROPERTY IN THE WILL TO PASS AS THOUGH THE FORMER SPOUSE PREDECEASED THE TESTATOR UNLESS THE WILL EXPRESSLY PROVIDES OTHERWISE; TO AMEND SECTION 91-5-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

In the Senate

• Joey Fillingane

  Sponsor

• House of Representatives committee amendmentAdopted

  Adopted Mar 20

l9n doesn't hold this bill's text yet.

In the Senate Feb 4 – Feb 28

1. Feb 4Referred to the Senate committee on Judiciary, Division A
2. Feb 19Reported from committee in the Senate: title sufficient, do pass as a committee substitute
3. Feb 28Committee substitute adopted in the Senate
4. Passed the Senate

In the House of Representatives Feb 29 – Mar 20

1. Feb 29Sent to the House
2. Mar 4Referred to the House committee on Judiciary A
3. Mar 18Reported from committee in the House: title sufficient, do pass as amended
4. Mar 20Amended in the House
5. Passed the House as amended

To the Governor Mar 25 – Apr 10

1. Mar 25Returned to the Senate to concur in the House's amendments
2. Apr 10Died on the calendar in the Senate