BILL NUMBER: AB 490	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 23, 2013
	AMENDED IN ASSEMBLY  APRIL 8, 2013

INTRODUCED BY   Assembly Member Skinner
   (  Coauthor:   Assembly Member 
 Mullin   Coauthors:   Assembly Members
  Maienschein   and Mullin  )

                        FEBRUARY 19, 2013

   An act to repeal and add Section 6452 of the Probate Code,
relating to intestate succession.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 490, as amended, Skinner. Intestate succession: children.
   Existing law provides that the estate of a decedent not
effectively disposed of by a will passes to the decedent's heirs as
prescribed by law. Existing law prohibits, for a child born out of
wedlock, a natural parent or a relative of that parent from
inheriting from or through the child on the basis of the parent and
child relationship unless the parent or a relative of the parent
acknowledged the child and the parent or a relative of the parent
contributed to the support or the care of the child.
   This bill would revise and recast the provisions regarding
inheritance of a parent from or through a child on the basis of the
parent and child relationship. The bill would provide that a parent
does not inherit from or through a child if the parent's parental
rights were terminated and the parent-child relationship was not
judicially reestablished, the parent did not acknowledge the child,
or the parent left the child during the child's minority  and
failed  without an effort  to provide for the
child's support or  to communicate with the child, 
 without communication from the parent,  as specified. The
bill would provide that a parent who does not inherit from or through
a child, pursuant to the bill's provisions, would be deemed to have
predeceased the child and the intestate estate would pass as
otherwise required under specified existing law of intestate
succession.
   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  Section 6452 of the Probate Code is repealed.
  SEC. 2.  Section 6452 is added to the Probate Code, to read:
   6452.  (a) A parent does not inherit from or through a child on
the basis of the parent and child relationship if any of the
following apply:
   (1) The parent's parental rights were terminated and the
parent-child relationship was not judicially reestablished.
   (2) The parent did not acknowledge the child.
   (3) The parent left the child during the child's minority 
and failed to   without an effort to  provide for
the child's support or  to communicate with the child, or
both,   without communication from the parent,  for
at least  five   seven  consecutive years
that continued until the end of the child's minority, with the intent
on the part of the parent to abandon the child. The failure to
provide support or to communicate for the prescribed period is
presumptive evidence of an intent to abandon.
   (b) A parent who does not inherit from or through the child as
provided in subdivision (a) shall be deemed to have predeceased the
child, and the intestate estate shall pass as otherwise required
under Section 6402.