HB66INTRODUCED
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HB66
5DBUM3M-1
By Representative Gidley
RFD: Judiciary
First Read: 04-Feb-25
PFD: 04-Dec-24
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6 5DBUM3M-1 07/05/2024 GP (L)lg 2024-1925
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PFD: 04-Dec-24
SYNOPSIS:
Under existing law, various laws exist to ensure
a person does not profit from intentionally killing
another, including: (i) prohibiting an individual who
intentionally and feloniously kills a decedent from
receiving any benefits under the decedent's will or
intestate succession; (ii) providing that any joint
tenant who intentionally and feloniously kills another
joint tenant loses his or her property interest; and
(iii) prohibiting any named beneficiary of any
contractual obligation who intentionally and
feloniously kills the obligee from receiving any
benefit from the contract.
This bill would provide that any individual who
is convicted of elder abuse or financial exploitation
of an elderly person: (i) may not receive any benefits
under the abused or exploited individual's will or, if
no will, through intestate succession; (ii) loses his
or her property interest in any joint tenancy held with
the abused or exploited individual; (iii) and may not
receive any benefits in which the abused or exploited
individual was the obligee.
A BILL
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A BILL
TO BE ENTITLED
AN ACT
Relating to abuse and exploitation of an elder; to
amend Section 43-8-253, Code of Alabama 1975; to provide for
the effect of the abuse or exploitation of an elder on
intestate succession, wills, joint assets, and certain other
contractual obligations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 43-8-253, Code of Alabama 1975, is
amended to read as follows:
"ยง43-8-253
(a) A surviving spouse, heir , or devisee who abuses or
feloniously and intentionally kills the decedent is not
entitled to may not receive any benefits under the will or
under articles 3 through 10 of this chapter, and the estate of
decedent passes as if the killer or abuser had predeceased the
decedent. Property appointed by the will of the decedent to or
for the benefit of the killer or abuser passes as if the
killer or abuser had predeceased the decedent.
(b) Any joint tenant who abuses or feloniously and
intentionally kills another joint tenant thereby effects a
severance ofshall be deemed severed from the interest of the
decedent so that the share of the decedent passes as his or
her property and the killer or abuser has no rights by
survivorship. This provision applies to subsection shall apply
to all of the following: (i) joint tenancies with the right of
survivorship and tenancies in common during the respective
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survivorship and tenancies in common during the respective
lives of the grantees with cross-contingent remainders in fee
to the survivor in real and personal property ,; (ii) joint and
multiple-party accounts in banks ,; (iii) savings and loan
associations,; (iv) credit unions and other institutions ,; and
(v) any other form of co-ownership with survivorship
incidents.
(c) A named beneficiary of a bond, life insurance
policy, or other contractual arrangement who abuses or
feloniously and intentionally kills the principal obligee or
the person individual upon whose life the policy is issued is
not entitled to may not receive any benefit under the bond,
policy, or other contractual arrangement, and it becomes
payable as though the killer or abuser had predeceased the
decedent.
(d) Any other acquisition of property or interest by
the killer or abuser shall be treated in accordance with the
principles of this section.
(e)(1) For the purposes of this section, an individual
shall be deemed to have abused another if the individual is
convicted of elder abuse and neglect in the first or second
degree or financial exploitation of an elderly person in the
first or second degree, pursuant to Article 9 of Chapter 6 of
Title 13A.
(2) A final judgment of conviction of felonious and
intentional killing , elder abuse and neglect, or financial
exploitation of an elderly person is conclusive for purposes
of this section. In the absence of a conviction of felonious
and intentional killing , elder abuse and neglect, or financial
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and intentional killing , elder abuse and neglect, or financial
exploitation of an elderly person, the court may determine by
a preponderance of evidence whether the killing or abuse was
felonious and intentional for purposes of this section.
(f) This section does not affect the rights of any
person individual who, before rights under this section have
been adjudicated, purchases from the killer or abuser for
value and without notice property which the killer or abuser
would have acquired except for this section, but the killer or
abuser is liable for the amount of the proceeds or the value
of the property. Any insurance company, bank, or other obligor
making payment according to the terms of its policy or
obligation is not liable by reason of this section unless
prior to payment it has received at its home office or
principal address written notice of a claim under this
section."
Section 2. This act shall become effective on October
1, 2025.
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