Bill Text - HB1154 (2010)

Relative to the period for which claims may be presented against a trust.


Revision: Dec. 10, 2009, midnight

HB 1154 – AS INTRODUCED

2010 SESSION

10-2243

01/05

HOUSE BILL 1154

AN ACT relative to the period for which claims may be presented against a trust.

SPONSORS: Rep. Palfrey, Merr 2; Rep. Webb, Merr 2

COMMITTEE: Judiciary

ANALYSIS

This bill declares that claims against a trust shall be made within 6 months from the date of the appointment of the personal representative of the settlor’s estate, if one has been appointed, or within 6 months of the date of the settlor’s death.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2243

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the period for which claims may be presented against a trust.

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

1 Claims Against a Trust. Amend RSA 564-B:5-505(a)(3) to read as follows:

(3) After the death of a settlor, and subject to the settlor’s right to direct the source from which liabilities will be paid, the property of a trust that was revocable at the settlor’s death is subject to claims of the settlor’s creditors, costs of administration of the settlor’s estate, the expenses of the settlor’s funeral and disposal of remains to the extent the settlor’s probate estate is inadequate to satisfy those claims, costs, and expenses. The period for which a claim may be presented shall terminate 6 months from the date of the appointment of the personal representative of the settlor’s estate, if one has been appointed, and if one has not been appointed then, 6 months from the date of the settlor’s death. This section does not apply to the proceeds and any other benefits of a policy of life or endowment insurance effected by the settlor on the settlor’s own life or on another life as provided in RSA 408:2.

2 Effective Date. This act shall take effect January 1, 2011.