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Assembly Bill 1172 (Kaloogian-1997)

Chapter 724, Statutes of 1997

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-800-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available.

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)

The complete Legislative History Report and Analysis and documents with authenticating declaration expands upon the information above. In addition to available legislative file materials from the Assembly and Senate Committees, the author and the Governor, our research typically includes review for competitor and predecessor bills, interim reports, hearings, studies and other relevant background documentation unique to this legislation. To order a complete report, please contact us by e-mail at info@legintent.com, by faxing your request to (530) 668 5866, or by calling us toll free at 1-800-666-1917.