Representative Scott L Wyatt
proposes the following amendments:
1. Page
1, Line 25 through Page 2, Line 32
:
25
(1)
(a)
"Presumptive personal representative" means:
26
{(a)
}
(i)
the spouse of the decedent not alleged to have contributed to the death of the
27
decedent;
28
{(b)
}
(ii)
if no spouse exists, the spouse of the decedent is incapacitated, or if the spouse of
29
the decedent is alleged to have contributed to the death of the decedent, then an adult child of
30
the decedent not alleged to have contributed to the death of the decedent; or
31
{(c)
}
(iii)
if the spouse and all children of the decedent are incapacitated, or are alleged to
32
have contributed to the death of the decedent, then a parent of the decedent.
(b) A presumptive personal representative has only the powers, duties, and rights granted by
this Section.
44
(3) The presumptive personal representative's claim shall be on behalf of all heirs of
45
the decedent as defined by Section
78-11-6
or
78-11-6.5
. The
presumptive
personal representative shall
46
have the same duties toward other heirs as those duties provided in Sections
75-3-701
through
47
75-3-720
with respect to the receipt and disposition of the proceeds of any claim settlement under this
Section
.