S.B. 265 Uniform Community Property Disposition at Death Act Amendments: transcript

Thank you. Um, this is a uniform law bill, um, that, uh, Senator Mikel should be running. Uh, but um, for some reason I'm running it. And it, um, specifies which personal and real property is treated as community property at death based on the domicile of the spouses and the law of the jurisdiction where the property was acquired Excludes property that spouses partition reclassify or waive by agreement establishes requirements for how community property spouses may partition reclassify or waive rights to community property creates a presumption that property acquired while domiciled in a community. Property Jurisdiction is a community is community property, unless rebutted by preponderance and some other things, I'm, I'm not aware of any opposition to the bill. And, um, this would bring us, uh, in line with how other states, um, deal with the, uh, disposition of community property at, at death. And that concludes my presentation.

Oh yeah, sorry. Um, I'd like to move the amendment, That motion of be in order.

You can see it online. It's, uh, just amendment to line 1 58. It does appear technical in nature.

Um, I, so just for anybody listening to me, um, each body in the legislature, the House and the Senate, they each, uh, assign someone to the community, uh, to the Uniform Law Commission. That's Senator Mikel in our body. That's why I'm saying this should be run by him. Uh, but that's my submission.

Uh, I'll move that we favorably recommend the bill to The Senate motion is to favorably recommend SB 2 65 Uniform Community Property Disposition at Death Act Amendments as amended.

Thank you that that last one was the hard one. These next two are pretty easy, so I'm gonna tell you about this bill. Um, the, the, the first word uniform should tell you that this is something from the Uniform Law Commission. Um, which, you know, they, they put out model legislation so that as people go from state to state, they kind of know what to expect. And, you know, most of the time it's a good idea. Now, um, the House and the Senate, they each have a member of their bodies that serve on the Uniform Law Commission in, um, the Senate. That's, um, Senator Mike ml. And so you might want to ask yourself, well, why is Senator Weiler running this bill instead of Senator Mikel since Senator ML'S on the Uniform Law Commission? And that's a very good question, and I hope you all ask Senator Kel why he can't run his own bills and why he needs me to run his bills for him. Uh, but with that aside, this bill does, um, adopt the Uniform Community Property Disposition at Death Act to align Utah with other states that recognize community property principles at death. I shouldn't leave that hanging. He told me he was too busy to run his own bills, so I had to run this one for him. Um, this also creates clear rules for how community property is classified, divided, and distributed, providing certainty for survivor surviving spouses, heirs in courts. And lastly, it protects good faith third parties and allows courts to apply equitable principles while performing uniformity across state lines. Um, I will say I'm not aware of any opposition to this bill. And that concludes my presentation.

Thank you Mr. Chair. I move that we favorably recommend Senate Bill 2 65 to the house floor for their consideration.

Uh, for the underlying I'll waive, he'll also waive discussion on the motion to favorably recommend

Uh, this is a, a, a proposed bill from the Uniform Law Commission and, um, we have a distinguished member of the Uniform Law Commission in our body. Um, but, uh, I'm running this bill for some unexplained reason. Um, this would adopt the Uniform Community Property Disposition at Death Act to align Utah with other states that recognize community property principles at death. This creates clear rules on how community property is classified, divided, and distributed, providing certainty for surviving spouses, heirs, and courts. Lastly, it protects good faith third parties and allows courts to apply equitable principles while promoting uniformity across state lines. Uh, the bottom line is that this Bill modernizes Utah law to ensure fair and predictable treatment of community property at death, while also aligning with national uniform standards. With that, I'll yield to any questions.

I'll waive summation and move that Senate Bill 2 65. Be read for a third time and the

Senator Vickers Spry Aye. Lewin Aye. Bramer. Aye. Bus colmore Escamilla Aye. Fillmore Aye. Grover Rover Harper Aye. Hankins Ipson Aye. Johnson Juab McKay Mikel Milner Musselman McKay Owens Pitcher Plum Rebi Sandal Stevenson Stratton Bickers Weiler Wilson Winterton,

Thank you Mr. President Pro Tem. Uh, this bill is a, is a follow up from legislation

Thank you Mr. President. Um, this is a, uh, a Utah Uniform Law Commission bill that, uh, uh, brings us in into conformity with what the other states are doing with the disposition of property at death. And with that, I'd be happy to answer any questions.