California 2019-2020 Regular Session

California Assembly Bill AB2573 Latest Draft

Bill / Amended Version Filed 03/04/2020

                            Amended IN  Assembly  March 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2573Introduced by Assembly Member ObernolteFebruary 20, 2020 An act to amend Section 16061.8 of the Probate Code, relating to trusts. LEGISLATIVE COUNSEL'S DIGESTAB 2573, as amended, Obernolte. Trusts: notifications.Existing law generally limits the time period within which a person may bring an action to contest a trust to no more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the day on which a copy of the terms of the trust is mailed or personally delivered to the person during that 120-day period, whichever is later.This bill would specify that the 120-day period described above only applies upon the death of a settlor of the trust.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 16061.8 of the Probate Code is amended to read:16061.8. A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on the person within or after the time period set forth in subdivision (f) of Section 16061.7, may shall not bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later.

 Amended IN  Assembly  March 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2573Introduced by Assembly Member ObernolteFebruary 20, 2020 An act to amend Section 16061.8 of the Probate Code, relating to trusts. LEGISLATIVE COUNSEL'S DIGESTAB 2573, as amended, Obernolte. Trusts: notifications.Existing law generally limits the time period within which a person may bring an action to contest a trust to no more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the day on which a copy of the terms of the trust is mailed or personally delivered to the person during that 120-day period, whichever is later.This bill would specify that the 120-day period described above only applies upon the death of a settlor of the trust.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  March 04, 2020

Amended IN  Assembly  March 04, 2020

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 2573

Introduced by Assembly Member ObernolteFebruary 20, 2020

Introduced by Assembly Member Obernolte
February 20, 2020

 An act to amend Section 16061.8 of the Probate Code, relating to trusts. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2573, as amended, Obernolte. Trusts: notifications.

Existing law generally limits the time period within which a person may bring an action to contest a trust to no more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the day on which a copy of the terms of the trust is mailed or personally delivered to the person during that 120-day period, whichever is later.This bill would specify that the 120-day period described above only applies upon the death of a settlor of the trust.

Existing law generally limits the time period within which a person may bring an action to contest a trust to no more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the day on which a copy of the terms of the trust is mailed or personally delivered to the person during that 120-day period, whichever is later.

This bill would specify that the 120-day period described above only applies upon the death of a settlor of the trust.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 16061.8 of the Probate Code is amended to read:16061.8. A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on the person within or after the time period set forth in subdivision (f) of Section 16061.7, may shall not bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 16061.8 of the Probate Code is amended to read:16061.8. A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on the person within or after the time period set forth in subdivision (f) of Section 16061.7, may shall not bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later.

SECTION 1. Section 16061.8 of the Probate Code is amended to read:

### SECTION 1.

16061.8. A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on the person within or after the time period set forth in subdivision (f) of Section 16061.7, may shall not bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later.

16061.8. A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on the person within or after the time period set forth in subdivision (f) of Section 16061.7, may shall not bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later.

16061.8. A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on the person within or after the time period set forth in subdivision (f) of Section 16061.7, may shall not bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later.



16061.8. A person upon whom the notification by the trustee is served pursuant to paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on the person within or after the time period set forth in subdivision (f) of Section 16061.7, may shall not bring an action to contest the trust more than 120 days from the date the notification by the trustee is served upon the person, or 60 days from the date on which a copy of the terms of the trust is delivered pursuant to Section 1215 to the person during that 120-day period, whichever is later.