California Lawyers Association

Legislation Alert

Legislative alerts issued by the Trusts and Estates Section

By Kimberly R. McGheeBlack & Headnote:  Designation of Health Care Decisionmakers and Surrogates Summary:  Assembly Bill 2338, passed in 2022, and effective January 1, 2023, confirms the order of priority for health care decisionmakers and authorizes a health care provider or designee of a health care facility caring for the patient to choose a health care decisionmaker for a patient who lacks capacity and has no legally authorized decisionmaker.   Assembly Bill 2338 added a new section 4712 to… Read more
Senate Bill 1024, passed in 2022, and effective January 1, 2023, creates a procedure to petition the California court for the appointment of a professional fiduciary practice administrator to act as a temporary professional fiduciary when a professional fiduciary either becomes incapacitated or dies and a vacancy exists. Read more
Effective January 1, 2023, new Probate Code section 15304, subdivision (c), clarifies that a trustee’s discretionary power to reimburse the settlor of a “grantor trust” for income taxes paid on behalf of the trust does not create a beneficial interest that would allow the settlor’s creditors to access trust assets to satisfy the settlor’s debts.   Read more
Assembly Bill No. 1745, which passed in June 2022, amends Section 16061.8 of the California Probate Code to specify that the 120-day limitation period, in which a person may bring an action to contest a trust (upon receiving notice under Section 16061.7), only applies when a revocable trust becomes irrevocable because of the death of a settlor of the trust.  Read more
Assembly Bill 1243, passed in 2021, takes effect on January 1, 2023.  The bill expands Welfare and Institutions Code section 15657.03, which allows California courts to issue restraining orders to protect elder and dependent adults from abuse.  Read more
Probate Code section 890, enacted in 2019 by AB 473, requires the Judicial Council to adjust the dollar amounts to qualify for the various small estate procedures under Division 8 of the Probate Code (Probate Code sections 13000 et seq.) based on changes to the CPI for “All Urban Consumers” published by the United States Bureau of Labor Statistics. Read more
AB 1194 is a comprehensive bill that makes several notable changes to conservatorship and guardianship law. It is effective as of January 1, 2022. Read more
In recent weeks, California Senate Bill 939 has garnered significant attention from the commercial real estate industry. This controversial legislative proposal written by Senator Scott Wiener (D-San Francisco) and Lena Gonzalez (D-Long Beach) is designed to provide relief to small business commercial tenants during the state of emergency issued by the Governor on March 4, 2020 in response to the COVID-19 pandemic threat. Read more
The most significant change in the SECURE Act that estate planners must address with clients is replacement of the ability to stretch out mandatory withdrawals of an inherited IRA over the life of the beneficiary with a ten-year mandatory withdrawal period for all but “eligible designated beneficiaries.” Eligible designated beneficiaries consist of a surviving spouse, a minor child of the IRA owner until the minor reaches majority, a disabled or chronically ill beneficiary, and an individual who is not more than ten years younger than the IRA owner. Read more

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