Resolve, Extending the Date by Which the Probate and Trust Law Advisory Commission Must Report on Its Work on Maine's Probate Code and the Uniform Probate Code

Preamble. Whereas,  the current Probate Code was enacted in 1980 based on the Uniform Probate Code in effect at that time; and

Whereas,  since its original adoption in 1980, the Uniform Probate Code has been substantially revised by the Uniform Law Commission, including an update adopted in 1990, technical and substantive amendments adopted in 2008 and technical amendments adopted in 2010 and refined in 2011; and

Whereas,  it is in the best interest of Maine citizens and residents to have up-to-date statutes consistent with those of other states and that address issues that arise in today's social and technological environment; and

Whereas,  the Probate and Trust Law Advisory Commission is authorized to examine and evaluate the operation of the Probate Code and recommend changes; and

Whereas,  the Probate and Trust Law Advisory Commission began its study of the Uniform Probate Code pursuant to Resolve 2013, chapter 5 and needs additional time to prepare legislation to carry out its recommendations; now, therefore, be it

Sec. 1. Resolve 2013, c. 5, §2, amended.  Resolved: That Resolve 2013, c. 5, §2 is amended to read:

Sec. 2. Reports. Resolved: That the Probate and Trust Law Advisory Commission shall submit a report regarding the review in section 1 to the Joint Standing Committee on Judiciary an interim report regarding the review in section 1 no later than December 1, 2013 and submit a final report to the joint standing committee of the Legislature having jurisdiction over judiciary matters no later than December 15, 2014, together with any necessary implementing legislation, for presentation to the Second  First Regular Session of the 126th  127th Legislature. The Probate and Trust Law Advisory Commission is authorized to submit a bill related to its  the final report to the Second  First Regular Session of the 126th  127th Legislature.

Sec. 2. Retroactivity. Resolved: That this resolve applies retroactively to December 1, 2013.

summary

This resolve extends the date for the Probate and Trust Law Advisory Commission to issue its final report on its work on the Uniform Probate Code to December 15, 2014. Resolve 2013, chapter 5 established the commission's duty to conduct a review and set a reporting date of December 1, 2013. The Probate and Trust Law Advisory Commission submitted an interim report before the report was originally due.