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Assembly Bill 1172 (Kaloogian-1997)

Chapter 724, Statutes of 1997

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The analysis of the Assembly Committee on Judiciary noted the following regarding Assembly Bill 1172:

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)

The Business, Transportation and Housing Agency prepared an Enrolled Bill Report which cited the following arguments in support of the bill:

A major focus of estate planning is probate avoidance. This bill clarifies aspects of trust law and provides consistency between trust, family and probate law.

The bill groups all of the appeal provisions of the various types of proceedings under the Probate Code into one place.

People take care of those (spouses and children) they leave behind to the extent they are able. To the extent they do not wish to provide, they would be required to specifically direct in their trust instruments.

Care custodian often work alone and could take advantage of the person they are caring for. This bill would provide only a presumption of invalidity, not a prohibition of any gift to the care custodian. If protections are followed (i.e., review by an independent attorney) such gifts would be valid.
(See Exhibit #15, document PE-4)

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