BILL NUMBER: AB 354	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2011

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 amended, 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 financial  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  financial
 abuse, as defined in  Chapter 11 (commencing with
Section 15600) of Part 3 of Division 9   Section
15610.30  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.