SB60 (2005) Detail

Clarifying probate court procedures in cases involving the Uniform Transfers to Minors Act.


CHAPTER 68

SB 60 – FINAL VERSION

03/17/05 0548s

2005 SESSION

05-0991

09/01

SENATE BILL 60

AN ACT clarifying probate court procedures in cases involving the Uniform Transfers to Minors Act.

SPONSORS: Sen. Foster, Dist 13; Rep. Dokmo, Hills 6

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies probate court procedures in cases involving the Uniform Transfers to Minors Act.

This bill was requested by the administrative judge of the probate court.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/05 0548s

05-0991

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT clarifying probate court procedures in cases involving the Uniform Transfers to Minors Act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

68:1 Uniform Transfers to Minors Act; Other Transfer by Fiduciary. Amend RSA 463-A:6, III(c) to read as follows:

(c) The transfer is [authorized by the court if it exceeds] less than or equal to $10,000 in value; otherwise a guardianship over the estate of the minor shall be required by the probate court pursuant to RSA 463, unless otherwise ordered by the court.

68:2 Descent, Distribution and Advancements; Minors Not Under Guardianship. Amend RSA 561:20 to read as follows:

561:20 Minors Not Under Guardianship. Whenever any minor whose estate is not under legal guardianship shall be entitled to receive from any administrator, executor, trustee, or third party [payor/custodian] payor, any [distributive share as heir or next of kin, any legacy, bequest, or devise, any monetary distribution, or any ownership] distribution of personal property by will or intestate succession, or distribution of any other property interest, [said] the administrator, executor, trustee, or third party [payor/custodian] payor shall make such distribution to the person [designated] nominated as such minor’s custodian for the benefit of such minor under either RSA 463-A, the Uniform Transfers to Minors Act, or under another state’s Uniform Transfers to Minors Act or similar statute, or absent a [designated] nominated custodian, to a custodian for the benefit of such minor under RSA 463-A, the Uniform Transfers to Minors Act.

68:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 23, 2005)

(Effective Date: July 22, 2005)