Bill Summary
Committee Substitute for H.B. 2794
By:Christopher L. Callas
Counsel, House Judiciary Committee
Relating to:Clarifying that certain tax liens are divested
Code reference:§11-11-17 (amend)
This bill clarifies (1) that an estate tax lien is
divested when property subject to the lien in the hands of a spouse
or other transferee is transferred to a third party and (2) that a
like lien is created on the property of the spouse or other
transferee not similarly transferred. Similar clarification
appears with respect to the continuance of the estate tax lien
after the discharge of a fiduciary. The language used in prior law
to convey these ideas was imprecise.
Effective Date: 90 days from passage
Date of passage:March 14, 1998
Action by governor: