BILL NUMBER: AB 354	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Silva

                        FEBRUARY 10, 2011

   An act to amend Section 859 of the Probate Code, relating to
estates and trusts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 354, as introduced, Silva. Estates and trusts: property:
wrongful taking.
   Existing law provides that if a court finds that a person has, in
bad faith, wrongfully taken, concealed, or disposed of property
belonging to the estate of a decedent, conservatee, minor, or trust,
the person is liable for twice the value of the property.
   This bill would also establish liability for a person who has
taken, concealed, or disposed of property, as described above, by use
of undue influence in bad faith or through the commission of elder
or dependent adult abuse, as defined.
   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 859 of the Probate Code is amended to read:
   859.  If a court finds that a person has in bad faith wrongfully
taken, concealed, or disposed of property belonging to the estate of
a decedent, conservatee, minor, or trust,  or has taken,
concealed, or disposed of the property by the use of undue influence
in bad faith or through the commission of elder or dependent adult
abuse, as defined in Chapter 11 (commencing with Section 15600) of
Part 3 of Division 9 of the Welfare and Institutions Code,  the
person shall be liable for twice the value of the property recovered
by an action under this part. The remedy provided in this section
shall be in addition to any other remedies available in law to a
trustee, guardian or conservator, or personal representative or other
successor in interest of a decedent.