Bill Text: MS HB583 | 2011 | Regular Session | Introduced
Bill Title: Judgment of divorce; cannot be vacated upon the death of one spouse.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB583 Detail]
Download: Mississippi-2011-HB583-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary A
By: Representative Zuber
House Bill 583
AN ACT TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 93-5-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A JUDGMENT OF DIVORCE SHALL NOT BE VACATED UPON THE DEATH OF ONE SPOUSE; TO PROVIDE THAT THE JUDGMENT ENTERED WHICH MAY CONFER, RESERVE OR ESTABLISH A BENEFIT, SECURITY, OWNERSHIP, DONATION OR GIFT, SHALL BE TREATED AS A LEGALLY ENFORCEABLE CONTRACT; TO ESTABLISH THE RIGHT OF ENTITLEMENT TO THOSE ITEMS IN THE SPOUSE RECEIVING THE BENEFIT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 93-5-35, Mississippi Code of 1972:
93-5-35. (1) The judgment of divorce from the bonds of matrimony and entered on the record of the court which granted it shall not be vacated upon the death of one spouse. The judgment entered stipulating the terms of the divorce decree, which may confer, reserve or establish a benefit, security, ownership, donation or gift, shall be treated as a legally enforceable contract, for which a cause of action is appropriate for a breach of such contract in a court of competent jurisdiction.
(2) If the spouse to whom the benefit, security, ownership, donation or gift is conferred, reserved or established by the judgment of divorce is the surviving spouse, then that spouse shall be entitled to all rights in any item stipulated in the judgment, as entered on record of the court, upon a probate of the deceased spouse's estate.
(3) If the spouse to whom the benefit, security, ownership, donation or gift is conferred, reserved or established by the judgment of divorce is the decedent spouse, then that decedent spouse's entitlement in the items stipulated in the judgment, as entered on record of the court, shall be given testamentary effect through the decedent's last will and testament or by the rules of intestacy.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
