Trusts and Estates

Ca. Trs. & Estates Quarterly 2022, Volume 28, Issue 2


Written by Matthew W. McMurtrey, Esq.*

One of the primary functions of the Executive Committee of the Trusts and Estates Section ("TEXCOM") of the California Lawyers Association ("CLA") is to interact with the Legislature to improve the administration of justice in the practice of trusts and estates. TEXCOM often proposes legislation known as an Affirmative Legislation Proposal (referred to as an "ALP") by asking a member of the Legislature to introduce its ALPs as bills. TEXCOM also reviews all the legislation proposed every year, determines whether the legislation is relevant to the practice of trusts and estates, and provides feedback to the Legislature about the relevant legislation that affects the practice of trusts and estates. It is tradition that the Chair reports on TEXCOM’s legislation work in this issue.

TEXCOM pursued four ALPs for introduction this year, and all four of them were picked up by a legislator. The four introduced ALPs relate to the following issues:

  • Assembly Bill No. 1745 (2021-2022 Reg. Sess.) (Nguyen) is a bill to clarify that the 120-day limitations period in Probate Code section 16061.8 only applies when notification is required because the trust became irrevocable due to the settlor’s death.
  • Senate Bill No. 1279 (2021-2022 Reg. Sess.) (Ochoa Bogh) is a bill to amend Probate Code section 1003 and Code of Civil Procedure section 372 pertaining to guardians ad litem to resolve ambiguities in the statutes regarding incapacitated persons and to eliminate competing methods of appointments under the Probate and Civil Codes.
  • Assembly Bill No. 1866 (2021-2022 Reg. Sess.) (Chen) is a bill to amend Probate Code section 15304 to modify spendthrift provisions to allow a trustee of an irrevocable grantor trust to reimburse a settlor for income tax payable by the settlor on trust income without resulting in the trust’s assets being included in the settlor’s estate.
  • Senate Bill No. 1005 (2021-2022 Reg. Sess.) (Wieckowski) is a bill to amend Probate Code sections 2352.5, 2463, 2540, 2541, 2541.5, 2591, and 2591.5 to provide the same protections to a conservatee, as when the conservator is selling the conservatee’s personal residence, to a partition action where the conservatee’s personal residence is the subject property.

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