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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 thereafterwithin 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