S.B. 58

1

WRONGFUL DEATH AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott D. McCoy
5 House Sponsor: Ralph Becker
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, at the time of the decedent's
13 death, was residing with decedent in a mutually dependent relationship and who is
14 designated as a wrongful death heir in decedent's will, trust, or other notarized
15 document.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 78-11-6.5, as last amended by Chapter 39, Laws of Utah 1998
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 78-11-6.5 is amended to read:
26 78-11-6.5. Definition of heir.
27 (1) As used in Sections 78-11-7 , 78-11-8 , and 78-11-12 [, "heirs"]:

28 (a) "Heirs" means[: (1)] the following surviving persons:
29 [(a)] (i) the decedent's spouse;
30 [(b)] (ii) the decedent's children as provided in Section 75-2-114 ;
31 [(c)] (iii) the decedent's natural parents, or if the decedent was adopted, then [his] the
32 decedent's adoptive parents;
33 (iv) the decedent's wrongful death designee as defined in Subsection (2); and
34 [(d)] (v) the decedent's stepchildren who:
35 [(i)] (A) are in their minority at the time of decedent's death; and
36 [(ii)] (B) are primarily financially dependent on the decedent.
37 [(2)] (b) "Heirs" [means] does not mean any blood relative as provided by the law of
38 intestate succession [if] unless the decedent is not survived by a person under Subsections
39 (1)(a)(i), [(b)] (ii), [or (c)] (iii), or (iv).
40 (2) "Wrongful death designee" means a person who:
41 (a) at the time of the decedent's death resided with decedent in a mutually dependent
42 relationship; and
43 (b) is designated as a wrongful death heir in decedent's will, trust, or other notarized
44 written directive.




Legislative Review Note
as of 1-19-07 11:06 AM

Office of Legislative Research and General Counsel