James Gallagher
- Republican
- Assemblymember
- District 3
Author
Existing law establishes procedures for the creation, modification, and termination of a trust, and regulates the administration of trusts by trustees on behalf of beneficiaries. Except as specified, existing law authorizes the revocation of a trust when the person holding the power to revoke the trust is competent. Existing law provides that, during this time, the duties of the trustee are owed to the person holding the power to revoke the trust. This bill would impose additional requirements on the trustee of a trust if, during the time that a trust is revocable, no person holding the power to revoke the trust is competent, including, but not limited to, requiring the trustee to provide a copy of the trust instrument and any amendments to the beneficiaries under the trust instrument, as specified. The bill would authorize the trustee to rely on specified methods to establish incompetency, but would clarify that the bill does not affect any legal standard for establishing incompetency. The bill would make conforming changes to a related provision.
Chaptered by Secretary of State - Chapter 749, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 0. Page 2459.).
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 1805.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 7 pursuant to Assembly Rule 77.
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 11. Noes 0.) (June 22).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1033.)
Read second time. Ordered to Consent Calendar.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (April 6).
From printer. May be heard in committee March 21.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1079 | HTML |
| 02/18/21 - Introduced | |
| 04/07/21 - Amended Assembly | |
| 06/14/21 - Amended Senate | |
| 08/23/21 - Enrolled | |
| 10/09/21 - Chaptered |
| Document | Format |
|---|---|
| 04/03/21- Assembly Judiciary | |
| 06/18/21- Senate Judiciary | |
| 06/25/21- Sen. Floor Analyses | |
| 07/07/21- ASSEMBLY FLOOR ANALYSIS |
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