Estates and trusts: kindred: definition.
The amendment is likely to have significant implications for inheritance laws in California, particularly in cases of estate planning and property transfer. By explicitly excluding spouses from the definition of kindred, it affects how inheritances are passed down when a successor is no longer alive. This could influence estate planning practices and the distribution of assets, as families may need to consider the ramifications of this change when drafting wills or trusts.
Assembly Bill 1960, introduced by Obernolte, amends Section 21110 of the California Probate Code to redefine the term 'kindred'. The bill specifically excludes a spouse of the transferor from being considered as kindred under certain provisions of the law. Under the existing law, if a transferee dies before the execution of a testamentary instrument, the issue of the deceased transferee would inherit in place of the deceased. This bill reinforces this principle while clarifying the definition of 'kindred'.
The general sentiment around AB 1960 appears to be neutral to positive. There were no recorded votes against the bill, indicating that it received widespread support among lawmakers. The bill is seen as a technical amendment aimed at providing clarity in legal definitions rather than as a controversial legislation that would spark significant public debate. The support suggests a consensus among legislators regarding the need for precise legal language in the probate process.
While there does not appear to be substantial contention surrounding AB 1960, the change does have potential implications for couples involved in estate planning. By excluding spouses from the definition of kindred, it might lead to disputes or require more careful consideration in how estates are structured. Those opposed to such changes could argue that it undermines the rights of spouses in the context of inheritances, although this sentiment was not prominently expressed in the discussions.