Will This Elected Official Once Again Kill This Great Bill?

We start today with a story about how one publicly-elected official,  NCC Register Of Wills Ciro Poppiti, has led a years-long effort to quash what I think is a great bill.  The bill in question is HS1/HB 147 (Harris).

Here’s an excerpt from an AARP Op-Ed as to what the bill would do:

AARP Delaware supports House Bill 147, which would create a transfer-on-death deed for our state. The document allows a homeowner to transfer his/her home to a loved one when he/she dies simply by naming a beneficiary (just like we currently do with cars, pension proceeds and retirement accounts). These deeds have a track record of working well in other states. They have been used in the U.S. for more than 35 years, and 30 states currently allow them.

By completing a TOD deed and filing it with the recorder of deeds, a homeowner can ensure that his/her home goes directly to a person he/she chooses, avoiding the complexity of probate or the expense of a trust. Such a deed can also help prevent fraud because it requires notarization and must be publicly recorded before a property owner’s death, added safeguards not present with a will.

Delaware’s Registers of Wills in all three counties who, let’s face it, stand to lose business were the bill to pass, have joined Ciro in opposing the bill.  This from DJ Cox, Kent County Register Of Wills:

 I have opposed this bill from the beginning—both in principle and in practice—due to its vague and troubling language.

This bill will do harm to the weakest among us. It disproportionately affects people without means, stripping them of protections they cannot afford to replace. Even more concerning is that the bill appears to override the clear intent of legally established wills and trusts, undermining personal autonomy and the right to decide what happens to one’s estate. This bill is a gateway to fraud and abuse. That is something that can never be overlooked and it clearly is being overlooked here. 

Rather than promoting justice or clarity, HB 147 introduces confusion, threatens vulnerable individuals, and undermines long-standing legal protections. I urge you to stand against it and prevent the harm it will cause.

Um, that appears to be, what’s that word, untrue. From a Delaware AARP advocate:

The truth is the exact opposite. TODDs are a tool to increase autonomy, prevent fraud, and ensure property passes down with a clear title. TODDs were created as a way for people of modest means to have a simple, affordable way to make sure their home transfers to the beneficiary they choose, without the delays and expense of paying a lawyer or going through a long, costly probate process.

Cox says the language is “vague and troubling”, but that’s not true. HB 147 is based on a model bill written by the Uniform Law Commission.

Harming people without means? TODDs have a proven track record going back 35+ years and they are currently used in 32+ States (see attached). Cox and Poppiti say it undermines autonomy, but in reality, it gives people more control–an easy way to retain control of their property until they die and then pass it on to the person they choose without the necessity of paying an attorney or going through the delay and expense of probate.

Hope all is well, friend.

I have tried calling and texting you to tell you a funny story involving you when I was deployed recently to the Middle East with the US Army.

Also, it has come to my attention that there are (yet again!) baseless, ugly rumors being spread about me, namely:

1, That I am vehemently opposed to HB 147, Transfer Of Death Deed.

2. That the reason I am opposed is that this bill will affect me financially.

The idea that I would ever allow money to influence how I engage in public policy is disgusting and repugnant to me.

Fair enough.  He claims that the bill has technical defects and that:

I have met with the main sponsor of the bill, Majority Leader Harris.  The meeting was very positive.  Based on that meeting, I was asked to draft changes which could address my concerns.  I have done so–and circulated it to the Bar to solicit feedback.

OK. I will ignore the fact that Poppiti has crusaded against this bill (and its predecessors) for years.  I will ignore the fact that the Uniform Law Commission has successfully drafted model statutes that have been adopted in about 30 states, and that Delaware’s Uniform Law Commissioner has drafted this bill.

Ciro has now drafted proposed changes to the bill.  Perhaps they’ve been incorporated into the substitute bill, perhaps not.  What we will learn today during the House Administration Committee hearing, scheduled for 3 pm, is whether Ciro has been truly sincere in his concerns about the bill, or whether his opposition is rooted in other motives.

I invite Mr. Poppiti to respond here.  He can take all the time (and words) he likes.  After all, I’d just love to hear that funny story he wanted to share with me.