BILL NUMBER: AB 354	CHAPTERED
	BILL TEXT

	CHAPTER  55
	FILED WITH SECRETARY OF STATE  JULY 1, 2011
	APPROVED BY GOVERNOR  JUNE 29, 2011
	PASSED THE SENATE  JUNE 10, 2011
	PASSED THE ASSEMBLY  MAY 25, 2011
	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, 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.


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 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.