Tom Harman
- Republican
Author
(1) Existing law, the Professional Fiduciaries Act, defines professional fiduciaries required to be licensed by the Professional Fiduciaries Bureau within the Department of Consumer Affairs as a person who acts as a conservator or guardian for 2 or more persons who are related to the professional fiduciary or each other, or a person who acts as a trustee or agent under a durable power of attorney for more than 3 people or families who are not related to the professional fiduciary. This bill would specify how individuals are counted to determine whether a person is a professional fiduciary, including that individuals related to the fiduciary would not be counted and individuals or trustors who are related to each other would be counted as one individual. (2) Existing law, effective January 1, 2010, in relation to wills, trusts, and other instruments, defines and regulates no contest clauses. Existing law limits the application of a no contest clause to specific contests and provides that a no contest clause may be enforced against a direct contest only when it is brought without probable cause. Former law exempted certain contests from the enforcement of the no contest clause under specified circumstances, including if there was reasonable cause to believe that instrument had been revoked. Former law also permitted a beneficiary to apply to a court for a determination of whether a particular motion, petition, or other act by the beneficiary would be a contest within the terms of a no contest clause. This bill would make conforming changes to clarify under what circumstances the former law would apply. (3) Existing law provides for a decedent's property to be distributed through intestate succession when the decedent dies without a will, trust, or other instrument based on the degree of kinship. Existing law prohibits certain property transactions between certain court officials or employees or their relatives and guardians or conservators based on the lineal or collateral consanguinity of the person to the court official or employee. Existing law requires a guardian or conservator, when engaging in certain property transactions, or when seeking approval for certain acts, with the guardians or conservator's family members, based on lineal or collateral consanguinity, to disclose that relationship to the court upon a petition for approval. This bill would define the degree of kinship or consanguinity for the purpose of these provisions.
Chaptered by Secretary of State. Chapter 348, Statutes of 2009.
Approved by Governor.
Enrolled. To Governor at 11 a.m.
Ordered held in Engrossing and Enrolling.
Returned by the Governor at the request of the Senate.
Enrolled. To Governor at 10 a.m.
Senate concurs in Assembly amendments. (Ayes 39. Noes 0. Page 1924.) To enrollment.
To Special Consent Calendar.
Read third time. Passed. (Ayes 76. Noes 0. Page 2617.) To Senate.
In Senate. To unfinished business.
Read second time. To Consent Calendar.
(Heard in committee on July 15.)
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.)
From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 10. Noes 0.) Re-referred to Com. on APPR.
(Heard in committee on June 30.)
(Heard in committee on June 23.)
From committee: Do pass, but first be re-referred to Com. on B. & P. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) Re-referred to Com. on B. & P.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
To Coms. on JUD. and B. & P.
Read third time. Passed. (Ayes 37. Noes 0. Page 623.) To Assembly.
In Assembly. Read first time. Held at Desk.
To Special Consent Calendar.
Read second time. To third reading.
From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
Set for hearing April 20.
From committee: Do pass, but first be re-referred to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0. Page 383.) Re-referred to Com. on APPR.
Set for hearing March 31.
To Com. on JUD.
From print. May be acted upon on or after March 28.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB308 | HTML |
| 02/25/09 - Introduced | |
| 06/15/09 - Amended Assembly | |
| 08/25/09 - Enrolled | |
| 10/11/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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