Bill Summary

Committee Substitute for H.B. 2794

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: