California Assembly Bill AB354 Amended / Bill

 BILL NUMBER: AB 354AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 21, 2011 INTRODUCED BY Assembly Member Silva FEBRUARY 10, 2011 An act to amend Section 859 of the Probate Code, relating to estates and trusts. LEGISLATIVE COUNSEL'S DIGEST AB 354, as amended, Silva. Estates and trusts: property: wrongful taking. Existing law provides that if a court finds that a person has, in bad faith, wrongfully taken, concealed, or disposed of property belonging to the estate of a decedent, conservatee, minor, or trust, the person is liable for twice the value of the property. This bill would also establish liability for a person who has taken, concealed, or disposed of property, as described above, by use of undue influence in bad faith or through the commission of elder or dependent adult financial  abuse, as defined. 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 859 of the Probate Code is amended to read: 859. If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to the estate of a decedent, conservatee, minor, or trust, or has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult  financial  abuse, as defined in  Chapter 11 (commencing with Section 15600) of Part 3 of Division 9   Section 15610.30  of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. The remedy provided in this section shall be in addition to any other remedies available in law to a trustee, guardian or conservator, or personal representative or other successor in interest of a decedent.