Bill Text: CA SB785 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Estates and trusts: creditor's claim.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2015-07-02 - Chaptered by Secretary of State. Chapter 48, Statutes of 2015. [SB785 Detail]

Download: California-2015-SB785-Introduced.html

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BILL NUMBER: SB 785	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Morrell

                        FEBRUARY 27, 2015

   An act to amend Section 19000 of the Probate Code, relating to
trusts.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 785, as introduced, Morrell. Estates and trusts: creditor's
claim.
   Existing law permits property to be titled in a trust, and
provides that, upon the death of a settlor of a trust, the property
of the deceased settlor that was subject to the power of revocation
at the time of the settlor's death is subject to the claims of
creditors of the deceased settlor's estate. Existing law defines
specified terms for the purposes of these provisions.
   This bill would define additional terms for the purposes of these
provisions, including the terms "decedent's estate" and "trust
estate."
   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 19000 of the Probate Code is amended to read:
   19000.  As used in this part:
   (a) "Claim" means a demand for payment for any of the following,
whether due, not due, accrued or not accrued, or contingent, and
whether liquidated or unliquidated:
   (1) Liability of the deceased settlor, whether arising in
contract, tort, or otherwise.
   (2) Liability for taxes incurred before the deceased settlor's
death, whether assessed before or after the deceased settlor's death,
other than property taxes and assessments secured by real property
liens.
   (3) Liability for the funeral expenses of the deceased settlor.
   (b) "Claim" does not include a dispute regarding title to specific
property alleged to be included in the trust estate.
   (c) "Creditor" means a person who may have a claim against the
trust property.
   (d) "Trust" means a trust described in Section 18200, or, if a
portion of a trust, that portion that remained subject to the power
of revocation at the deceased settlor's death.
   (e) "Deceased settlor" means a deceased person who, at the time of
his or her death, held the power to revoke the trust in whole or in
part.
   (f) "Debts" means all claims, as defined in subdivision (a), all
expenses of administration, and all other proper charges against the
trust estate, including taxes. 
   (g) "Decedent's estate" and "decedent's probate estate" mean a
decedent's estate subject to administration pursuant to Division 7
(commencing with Section 7000).  
   (h) "Trust estate" and "trust estate of the deceased settlor" mean
a decedent's property, real and personal, that is titled in the name
of the trustee of the deceased settlor's trust or confirmed by order
of the court to the trustee of the deceased settlor's trust.