Bill Text: HI HB1161 | 2012 | Regular Session | Introduced

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Bill Title: Attorney; Divorce; Termination; Probate or Non-probate Transfers

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB1161 Detail]

Download: Hawaii-2012-HB1161-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1161
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to attorneys.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 605, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

    "§605-    Attorney for divorce, annulment, or termination of reciprocal beneficiary relationship.  (a)  An attorney retained for the divorce or annulment of a marriage, or the termination of a reciprocal beneficiary relationship, shall provide a document to the client that explains in plain language the effect of the divorce, annulment, or termination on the revocable probate or non-probate interests of each party to the divorce, annulment, or termination, as established under section 560:2-804, which shall be signed by the client and filed with any complaint for divorce or annulment, or declaration of termination of reciprocal beneficiary relationship.  The following sample form may be used.  This form may be duplicated.  This form may be modified to suit the situation, or a completely different form may be used that contains the substance of the following form.

"Statement of Understanding:

Effect of Divorce, Annulment, or termination of the reciprocal beneficiary relationship on Probate and Non-Probate interests

    (1)  I have been informed by my attorney and understand that, except in limited circumstances, the divorce or annulment of this marriage, or the termination of this reciprocal beneficiary relationship, will completely sever all inheritance rights, insurance or retirement benefit arrangements, or representative or fiduciary appointments or arrangements currently in place between my spouse or reciprocal beneficiary, and me.

    (2)  I have been informed by my attorney and understand that it is my spouse's or reciprocal beneficiary's, or my responsiblity to contact the issuing agency to appoint or re-appoint a beneficiary to all inheritance rights, insurance or retirement benefit arrangements, or representative or fiduciary appointments or arrangements currently in place between my spouse or reciprocal beneficiary, and me, even where we do not wish the beneficiary to change after the divorce, annulment, or termination, and that we do not need to wait until the divorce, annulment, or termination is final to contact the issuing agencies of the affected interests.

    (3)  I have been informed by my attorney and understand that my spouse or reciprocal beneficiary's, or my failure to appoint or re-appoint each other as a beneficiary after the divorce, annulment, or termination will, except in limited circumstances, result in the loss of his or her, or my interest in all inheritance rights, insurance or retirement benefit arrangements, or representative or fiduciary appointments or arrangements currently in place between my spouse or reciprocal beneficiary, and me.

SIGNATURES: Sign and date the form here:

 

_________________________     __________________________

(Sign your name here)        (Date)

 

_________________________     __________________________

(Print your name)            (Address)

 

                             _________________________

                             (City)    (State)  

 

(c)  The attorney shall offer to assist the client to initiate contact with the issuing agencies of all revocable probate or non-probate interests affected by the divorce, annulment, or termination of the reciprocal beneficiary relationship."

SECTION 2.  New statutory material is underscored.  

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Report Title:

Attorney; Divorce; Termination; Probate or Non-probate Transfers

 

Description:

Adds notice requirements for counsel retained for divorce, annulment or termination of reciprocal beneficiary relationships regarding the effects on beneficiaries of probate or non-probate transfers.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent