Senate Bill 41 Alabama 2026 Session

Summary

Primary Sponsor

Keith KelleySenator

Republican

Session

2026 Regular Session

Title

Abuse and exploitation of an elder, effect of conviction on intestate succession, wills, joint assets, and other contractual obligations provided

Summary

SB41 would strip certain benefits from people convicted of elder abuse or financial exploitation and treat their actions as if the abuser had died before the elder, affecting wills, intestate estates, joint ownership, and contracts.

What This Bill Does

SB41 adds new consequences when someone is convicted of elder abuse or financial exploitation of an elderly person. It denies the abuser any benefits from the elder's will or intestate estate and makes the estate pass as if the abuser predeceased the elder. It also severs survivorship or joint-ownership rights for co-owners who abuse or kill, and blocks the abuser from receiving benefits under bonds, life insurance, or other contracts, directing those benefits as if the abuser had predeceased. The act also requires final convictions to be recorded in probate records and sets an effective date of October 1, 2026.

Who It Affects

• Group 1: Abusers or those convicted of elder abuse, neglect, or financial exploitation — they lose eligibility for benefits tied to the elder’s will, intestate estate, joint property, and certain contracts.
• Group 2: Surviving family members, heirs, legatees, joint tenants, and other beneficiaries or holders of contracts or accounts — their potential benefits or ownership in the elder’s assets may be redirected or become unavailable if the beneficiary is the abuser, due to survivorship severance and contract rules.

Key Provisions

• Denies will/intestate and certain contract benefits to an elder abuse or financial exploitation offender and treats the elder's estate as if the offender predeceased.
• Severs survivorship in joint ownership and co-ownership (including joint tenancies, accounts, and similar arrangements) when the abuser is a co-owner, so the survivor retains the elder's share.
• Blocks benefits to the abuser under life insurance, bonds, or similar contracts, directing payments as if the abuser predeceased.
• Requires final convictions to be recorded in probate offices and establishes an effective date of October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses