BILL NUMBER: AB 2335	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 24, 2012

   An act to amend Section 6540 of the Probate Code, relating to
decedents' estates.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2335, as introduced, Nielsen. Decedents' estates: family
allowance.
   Existing law provides that the surviving spouse of the decedent,
minor children of the decedent, and adult children of the decedent
who are physically or mentally incapacitated from earning a living
and were actually dependent in whole or in part upon the decedent for
support are entitled to a reasonable family allowance out of the
estate as is necessary for their maintenance according to their
circumstances during administration of the estate.
   This bill would require that the highest priority for a family
allowance is to provide for minor children of the decedent.
   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 6540 of the Probate Code is amended to read:
   6540.  (a) The following are entitled to  such 
 a  reasonable family allowance out of the estate as is
necessary for their maintenance according to their circumstances
during administration of the estate  , provided however, that the
highest priority for   the family allowance is to provide
for minor children of the decedent  :
   (1) The surviving spouse of the decedent.
   (2) Minor children of the decedent.
   (3) Adult children of the decedent who are physically or mentally
incapacitated from earning a living and were actually dependent in
whole or in part upon the decedent for support.
   (b) The following may be given such reasonable family allowance
out of the estate as the court in its discretion determines is
necessary for their maintenance according to their circumstances
during administration of the estate:
   (1) Other adult children of the decedent who were actually
dependent in whole or in part upon the decedent for support.
   (2) A parent of the decedent who was actually dependent in whole
or in part upon the decedent for support.
   (c) If a person otherwise eligible for family allowance has a
reasonable maintenance from other sources and there are one or more
other persons entitled to a family allowance, the family allowance
shall be granted only to those who do not have a reasonable
maintenance from other sources.