An Act To Establish an Elder Victims Restitution Fund
Sec. 1. 18-A MRSA §2-105, as enacted by PL 1979, c. 540, §1, is amended to read:
§ 2-105. No taker
If there is no taker under the provisions of this Article, the intestate estate passes to the State , except that an amount of funds included in the estate up to the total amount of restitution paid to the decedent pursuant to a court order for a crime of which the decedent was the victim passes to the Elder Victims Restitution Fund established in Title 34-A, section 1214-A to be used to compensate elderly victims of financial crimes.
Sec. 2. 18-A MRSA §2-803, as enacted by PL 1979, c. 540, §1, is amended to read:
§ 2-803. Effect of criminal conviction on intestate succession, wills, joint assets, life insurance and beneficiary designations
Sec. 3. 34-A MRSA §1214-A is enacted to read:
§ 1214-A. Elder Victims Restitution Fund
The Elder Victims Restitution Fund, referred to in this section as "the fund," is established for the purpose of compensating elder victims of financial crimes.
This bill establishes the Elder Victims Restitution Fund to compensate elder victims of financial crimes who are entitled to receive restitution from offenders but who are not receiving that restitution. The fund receives money from estates passing to the State of people who received restitution. The bill provides that a person who has been convicted of a crime of which a decedent was a victim may not benefit under the will of that decedent or by virtue of property held jointly with the decedent or contracts concerning the decedent to the extent of restitution owed by the person who has been convicted of a crime.