HB 1543 -- PROBATE
CO-SPONSORS: Smith, Abel
COMMITTEE ACTION: Voted "do pass" by the Committee on Civil and
Administrative Law by a vote of 11 to 4.
This bill allows a probate court to authorize the conservator of
a permanently and totally mentally disabled person to create
trusts with charitable beneficiaries on behalf of the disabled
person, so as to avoid federal estate taxes upon the disabled
FISCAL NOTE: Loss to General Revenue Fund of Unknown in FY
2001, FY 2002, and FY 2003.
PROPONENTS: Supporters say that a probate court has ruled that
it did not have the power to grant a conservator of an estate
the authority to create a charitable trust, even though much of
the estate would go to the federal government in estate tax, if
not given to charity. This bill simply allows the probate court
to grant such authority.
Testifying for the bill were Representatives Smith and Abel.
OPPONENTS: There was no opposition voiced to the committee.
Richard Smreker, Legislative Analyst