Senate Bill 2859

AN ACT TO PROVIDE FOR NOTICE AND REPRESENTATION RULES REGARDING ADMINISTRATIVE OR JUDICIAL PROCEEDINGS INVOLVING ESTATES OF DECEDENTS OR TRUSTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. In the administration of or in judicial proceedings involving estates of decedents or trusts under Title 91, Mississippi Code of 1972, the following shall apply:

(a) Persons are bound by orders binding others in the following cases:

(i) To the extent there is no conflict of interest between them or among the persons represented:

1. Orders binding a guardian of the property bind the ward.

2. Orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will, in establishing or adding to a trust, in reviewing the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties. However, for purposes of this section, a conflict of interest shall be deemed to exist when each trustee of a trust that is a beneficiary of the estate is also a personal representative of the estate.

3. Orders binding an executor or administrator of a decedent's estate bind persons interested in the undistributed assets of a decedent's estate, in actions or proceedings by or against the estate.

(ii) An unborn or unascertained person, or a minor or any other person under a legal disability, who is not otherwise represented, is bound by an order to the extent that person's interest is represented by another party having a substantially identical interest in the proceeding.

(iii) Whenever survivorship of another person is an express or implied condition of taking property, the successor contingent remainder beneficiary is bound by orders binding the presumptive remainder beneficiary upon whose death the rights of the successor contingent remainder beneficiary depend.

(b) Orders binding a guardian of the person shall not bind the ward.

(c) In proceedings involving the administration of estates or trusts, notice as otherwise prescribed by law shall be given to every interested person, or to one who can bind the interested person as described in paragraphs (a)(i), (a)(ii) or (a)(iii). Notice may be given both to the interested person and to another who can bind him or her.

(d) If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time in a proceeding, appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, or a person whose identity or address is unknown. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.