CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1745Introduced by Assembly Member NguyenJanuary 31, 2022 An act to amend Section 16061.8 of the Probate Code, relating to trusts. LEGISLATIVE COUNSEL'S DIGESTAB 1745, as introduced, Nguyen. 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 when a revocable trust becomes irrevocable upon the death of a settlor of the trust or because of a contingency related to 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. No A person upon whom the notification by the trustee is served pursuant to this chapter, paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on him or her 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 him or her, 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 him or her the person during that 120-day period, whichever is later.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1745Introduced by Assembly Member NguyenJanuary 31, 2022 An act to amend Section 16061.8 of the Probate Code, relating to trusts. LEGISLATIVE COUNSEL'S DIGESTAB 1745, as introduced, Nguyen. 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 when a revocable trust becomes irrevocable upon the death of a settlor of the trust or because of a contingency related to the death of a settlor of the trust.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 1745
Introduced by Assembly Member NguyenJanuary 31, 2022
Introduced by Assembly Member Nguyen
January 31, 2022
An act to amend Section 16061.8 of the Probate Code, relating to trusts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1745, as introduced, Nguyen. 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 when a revocable trust becomes irrevocable upon the death of a settlor of the trust or because of a contingency related to 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 when a revocable trust becomes irrevocable upon the death of a settlor of the trust or because of a contingency related to 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. No A person upon whom the notification by the trustee is served pursuant to this chapter, paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on him or her 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 him or her, 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 him or her 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. No A person upon whom the notification by the trustee is served pursuant to this chapter, paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on him or her 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 him or her, 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 him or her 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. No A person upon whom the notification by the trustee is served pursuant to this chapter, paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on him or her 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 him or her, 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 him or her the person during that 120-day period, whichever is later.
16061.8. No A person upon whom the notification by the trustee is served pursuant to this chapter, paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on him or her 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 him or her, 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 him or her the person during that 120-day period, whichever is later.
16061.8. No A person upon whom the notification by the trustee is served pursuant to this chapter, paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on him or her 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 him or her, 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 him or her the person during that 120-day period, whichever is later.
16061.8. No A person upon whom the notification by the trustee is served pursuant to this chapter, paragraph (1) of subdivision (a) of Section 16061.7, whether the notice is served on him or her 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 him or her, 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 him or her the person during that 120-day period, whichever is later.