California Assembly Bill AB2335 Latest Draft

 BILL NUMBER: AB 2335INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Nielsen FEBRUARY 24, 2012 An act to amend Section 6540 of the Probate Code, relating to decedents' estates. LEGISLATIVE COUNSEL'S DIGEST AB 2335, as introduced, Nielsen. Decedents' estates: family allowance. Existing law provides that the surviving spouse of the decedent, minor children of the decedent, and adult children of the decedent who are physically or mentally incapacitated from earning a living and were actually dependent in whole or in part upon the decedent for support are entitled to a reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate. This bill would require that the highest priority for a family allowance is to provide for minor children of the decedent. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6540 of the Probate Code is amended to read: 6540. (a) The following are entitled to  such   a  reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate  , provided however, that the highest priority for   the family allowance is to provide for minor children of the decedent  : (1) The surviving spouse of the decedent. (2) Minor children of the decedent. (3) Adult children of the decedent who are physically or mentally incapacitated from earning a living and were actually dependent in whole or in part upon the decedent for support. (b) The following may be given such reasonable family allowance out of the estate as the court in its discretion determines is necessary for their maintenance according to their circumstances during administration of the estate: (1) Other adult children of the decedent who were actually dependent in whole or in part upon the decedent for support. (2) A parent of the decedent who was actually dependent in whole or in part upon the decedent for support. (c) If a person otherwise eligible for family allowance has a reasonable maintenance from other sources and there are one or more other persons entitled to a family allowance, the family allowance shall be granted only to those who do not have a reasonable maintenance from other sources.