California 2021-2022 Regular Session

California Assembly Bill AB1745 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Assembly Bill No. ~~1745 CHAPTER 30~~ An act to amend Section 16061.8 of the Probate Code, relating to trusts. ~~[ Approved by Governor June 21, 2022. Filed with Secretary of State June 21, 2022. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1745, 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. 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, 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.
	1	+	Enrolled June 10, 2022 Passed IN Senate June 09, 2022 Passed IN Assembly March 21, 2022 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, 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. 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, 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.
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3		-	Assembly Bill No. ~~1745 CHAPTER 30~~ An act to amend Section 16061.8 of the Probate Code, relating to trusts. ~~[ Approved by Governor June 21, 2022. Filed with Secretary of State June 21, 2022. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1745, 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
	3	+	Enrolled June 10, 2022 Passed IN Senate June 09, 2022 Passed IN Assembly March 21, 2022 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, 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
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5		-	Assembly ~~Bill No.~~ ~~1745 CHAPTER 30~~
	5	+	Enrolled June 10, 2022 Passed IN Senate June 09, 2022 Passed IN Assembly March 21, 2022
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7		-	Assembly Bill No. 1745
	7	+	Enrolled June 10, 2022
	8	+	Passed IN Senate June 09, 2022
	9	+	Passed IN Assembly March 21, 2022
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9		-	CHAPTER 30
	11	+	CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
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	13	+	Assembly Bill
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	15	+	No. 1745
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	17	+	Introduced by Assembly Member NguyenJanuary 31, 2022
	18	+
	19	+	Introduced by Assembly Member Nguyen
	20	+	January 31, 2022
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11	22		An act to amend Section 16061.8 of the Probate Code, relating to trusts.
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13		-	[ Approved by Governor June 21, 2022. Filed with Secretary of State June 21, 2022. ]
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15	24		LEGISLATIVE COUNSEL'S DIGEST
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17	26		## LEGISLATIVE COUNSEL'S DIGEST
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19	28		AB 1745, Nguyen. Trusts: notifications.
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21	30		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.
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23	32		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.
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25	34		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.
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27	36		## Digest Key
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29	38		## Bill Text
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31	40		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, 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.
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33	42		The people of the State of California do enact as follows:
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35	44		## The people of the State of California do enact as follows:
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37	46		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, 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.
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39	48		SECTION 1. Section 16061.8 of the Probate Code is amended to read:
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41	50		### SECTION 1.
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43	52		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, 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.
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45	54		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, 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.
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47	56		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, 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.
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51	60		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, 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.