Text of UT SB 73 (2008)

1st Sub. S.B. 73 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: E. Chelsea-McCarty 6 6 02-08-08 5:26 PM 6 S.B. 73 1st Sub. (Green) *SB0073S01* Senator Scott D. McCoy proposes the following substitute bill: 1 WRONGFUL DEATH AMENDMENTS 2 2008 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Scott D. McCoy 5 House Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill expands the definition of "heirs" to include a wrongful death designee. 10 Highlighted Provisions: 11 This bill: 12 < defines wrongful death designee as a person who: 13 C is designated as the only wrongful death heir in the decedent's will, trust, or 14 other notarized written directive; and 15 C has been adjudicated by a court of competent jurisdiction, by clear and 16 convincing evidence, to have had a mutual supportive and dependent 17 relationship with the decedent. 18 Monies Appropriated in this Bill: 19 None 20 Other Special Clauses: 21 None 22 Utah Code Sections Affected: 23 AMENDS: 24 78B-3-105, as renumbered and amended by Laws of Utah 2008, Chapter 3 25 1st Sub. (Green) S.B. 73 02-08-08 5:26 PM 26 Be it enacted by the Legislature of the state of Utah: 27 Section 1. Section 78B-3-105 is amended to read: 28 78B-3-105. Definition of heir. 29 (1) As used in Sections 78B-3-106 and 78B-3-107[, "heirs"]: 30 (a) "Heirs" means[: (1)] the following surviving persons: 31 [(a)] (i) A the decedent's spouse; or 32 (B) if no spouse, the decedent's wrongful death designee as defined in Subsection (2); 33 [(b)] (ii) the decedent's children as provided in Section 75-2-114; 34 (iii) the decedent's stepchildren who: 35 (A) are in their minority at the time of decedent's death; and 36 (B) are primarily financially dependent on the decedent; and 37 [(c)] (iv) the decedent's natural parents, or if the decedent was adopted, then [his] the 38 decedent's adoptive parents[;]. 39 [(d) the decedent's stepchildren who:] 40 [(i) are in their minority at the time of decedent's death; and] 41 [(ii) are primarily financially dependent on the decedent.] 42 [(2)] (b) "Heirs" [means] includes any blood relative as provided [by the law of 43 intestate succession if] in Title 75, Chapter 2, Intestate Succession and Wills, only when the 44 decedent is not survived by [a] at least one person under [Subsections] Subsection (1)(a)[, (b), 45 or (c)]. 46 (2) "Wrongful death designee" means a person who: 47 (a) is designated as the sole wrongful death heir in the decedent's will, trust, or other 48 notarized written directive; and 49 (b) has been adjudicated by a court of competent jurisdiction, by clear and convincing 50 evidence, to have had a mutual supportive and dependent relationship with the decedent. 51 (3) In determining whether a person has been in a mutually supportive and dependent 52 relationship with the decedent, a court of competent jurisdiction must find by clear and 53 convincing evidence that, at the time of the decedent's death: 54 (a) the person was cohabiting with the decedent as defined in Subsection 30-6-1(2)(b) 55 for a period of at least five years; 56 (b) the decedent designated the person as the beneficiary of the decedent's: - 2 - 02-08-08 5:26 PM 1st Sub. (Green) S.B. 73 57 (i) life insurance policy; 58 (ii) retirement benefit; or 59 (iii) will or trust; 60 (c) the person and decedent comingled assets and shared liabilities; and 61 (d) if the person or decedent own a residence, they own the residence jointly. 62 (4) A finding by a court of competent jurisdiction that a person is a wrongful death 63 designee is for the purposes of this section only. Neither a grant of standing under this section, 64 nor anything else in this section, nor any finding by the court under this section may be 65 construed as recognizing or treating a mutually supportive and dependent relationship as a 66 marriage, civil union, domestic partnership, or any other legal or relationship status that intends 67 to approximate the design, qualities, significance, or effect of marriage as defined in Article I, 68 Section 29 of the Utah Constitution. - 3 -