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ASSEMBLY BILL 1172 (KALOOGIAN – 1997)

CHAPTER 724, STATUTES OF 1997, AB 1172

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Numerous sections from the Probate Code and Welfare and Institutions Code were affected in 1997 following legislative passage of Assembly Bill 1172, introduced by Assembly member Howard Kaloogian on February 28, 1997.  (See Exhibits #1a and #1i)  Assembly Bill 1172 was the annual Probate Law omnibus bill sponsored by the Estate Planning, Trust & Probate Law Section of the State Bar of California.  (See Exhibit #3, page 2)

Assembly Bill 1172 was assigned to the Assembly Committee on Judiciary and the Senate Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3 and #8)  The fiscal ramifications of the bill were considered by the Assembly Committee on Appropriations and the Senate Committee on Appropriations. (See Exhibits #2 and #5)  Six amendments were made to Assembly Bill 1172 during legislative consideration.  (See Exhibits #1b through #1g and #2)  Subsequent to legislative approval, Governor Pete Wilson signed the bill on October 6, 1997, and it was recorded by the Secretary of State on the following day as Chapter 724 of the Statutes of 1997.  (See Exhibits #1i and #2)

A document in the file of the Senate Committee on Judiciary identified this bill as the “1997 State Bar Mini-Omnibus Probate Bill.”  (See Exhibit #9a, document SP 23) 

The analysis of the Assembly Committee on Judiciary stated further that: 

This bill is the annual Probate Law omnibus bill sponsored by the Estate Planning, Trust & Probate Law Section of the State Bar of California (Bar).  According to the Bar, a major focus of estate planning is probate avoidance.  Trusts and other dispositions of property are used more frequently.  This bill clarifies aspects of
trust law and provides consistency between trust, family, and probate law.
(See Exhibit #3, page 2)