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S1072................................................by JUDICIARY AND RULES
HEIRS - Amends existing law relating to heirs to provide for inheritance by
relatives conceived by natural or artificial means who are born within ten
months after the decedent's death.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 34-0-1
AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Andreason
Floor Sponsor - Richardson
Title apvd - to House
02/15 House intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Deal, Denney, Edmunson, Ellsworth,
Field(18), Field(23), Garrett, Hart(Jacobson), Harwood, Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Ring, Ringo, Rusche, Rydalch, Sali,
Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Crow, Eskridge, Raybould, Roberts
Floor Sponsor - McGeachin
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/21 To Governor
03/23 Governor signed
Session Law Chapter 123
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1072
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO HEIRS; AMENDING SECTION 15-2-108, IDAHO CODE, TO PROVIDE FOR
3 INHERITANCE BY RELATIVES CONCEIVED BY NATURAL OR ARTIFICIAL MEANS WHO ARE
4 BORN WITHIN TEN MONTHS AFTER THE DECEDENT'S DEATH.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 15-2-108, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 15-2-108. AFTERBORN HEIRS. Relatives of the decedent conceived by natural
9 or artificial means before his death but born thereafter within ten (10)
10 months after the decedent's date of death, shall inherit as if they had been
11 born in the lifetime of the decedent.
STATEMENT OF PURPOSE
RS 14754
Idaho law currently provides that heirs who are conceived before
the death of the decedent, but born thereafter, inherit as if
born during the lifetime of the decedent. A typical example
would be a bequest to "my grandchildren". As long as the
grandchild in question had been conceived prior to the death of
the decedent and was later born, even after the death of the
decedent, the grandchild in question would be a taker under the
bequest. At the time the existing statute was adopted, in 1971,
few if any means of conceiving and carrying child to birth
existed which did not fall within the normal nine to ten months
for pregnancy, and therefore there was no time limit in the
statute on the period after death in which the birth had to
occur. However, now, embryos, etc., can be frozen for decades
and then used to produce a child, through various means,
including surrogate motherhood. Substantial questions have
arisen in court cases in other states as to whether such
"potential" children are "Afterborn heirs" under statutes similar
to the existing Idaho statute. Requirements of notice, keeping
the estate open until all such potential afterborn heirs are
brought to birth, and so forth, constitute major problems for an
estate. Therefore, this bill puts a time limit on within how
long after the death of the decedent the birth must occur, of ten
months. This will allow estates to have certainty in their
administration, including being able to close within a reasonable
time.
FISCAL IMPACT
This bill will have no fiscal impact.
Contact
Name: Robert L. Aldridge,
Idaho Trust & Estate Professionals of Idaho, Inc.
Phone: Office (208) 336-9880 Cell (208) 631-2481
STATEMENT OF PURPOSE/FISCAL NOTE S 1072