BILL NUMBER: AB 1520	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Gatto

                        JANUARY 16, 2014

   An act to amend Section  5003   1003  of
the Probate Code, relating to  nonprobate transfers
  guardians ad litem  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1520, as amended, Gatto.  Nonprobate transfers.
  Guardians ad litem.
   Existing law  excepts from probate the transfer on death
of various property interests. Existing law permits a holder of this
type of property to transfer the property in compliance with a
provision for a nonprobate transfer on death that satisfies the terms
of the instrument, whether or not the transfer is consistent with
the beneficial ownership of the property, as specified  
authorizes a court to appoint a guardian ad litem at any stage of a
proceeding under the Probate Code to represent the interest of
specified persons, if the court determines that representation of the
interest otherwise would be inadequate  .
   This bill would  make nonsubstantive changes to these
provisions   authorize a court to appoint a guardian ad
litem at any state of a proceeding under the Probate Code to
represent the interest of a nonhuman animal who is either an estate
asset or part of a trust res, if the court makes the same
determination  .
   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 1003 of the   Probate
Code   is amended to read: 
   1003.  (a)  (1)  The court may, on its own motion or on
request of a personal representative, guardian, conservator, trustee,
or other interested person, appoint a guardian ad litem at any stage
of a proceeding under this code to represent the interest of any of
the following persons, if the court determines that representation of
the interest otherwise would be inadequate: 
   (1) 
    (A)  A minor. 
   (2) 
    (B)  An incapacitated person. 
   (3) 
    (C)  An unborn person. 
   (4) 
    (D)  An unascertained person. 
   (5)
    (E)  A person whose identity or address is unknown.

   (6) 
    (F)  A designated class of persons who are not
ascertained or are not in being. 
   (2) The court may, on its own motion or on request of a personal
representative, guardian, conservator, trustee, or other interested
person, appoint a guardian ad litem at any stage of a proceeding
under this code to represent the interest of a nonhuman animal who is
either an estate asset or part of a trust res, if the court
determines that representation of the interest otherwise would be
inadequate. 
   (b) If not precluded by a conflict of interest, a guardian ad
litem may be appointed to represent several persons or interests.
   (c) The reasonable expenses of the guardian ad litem, including
compensation and attorney's fees, shall be determined by the court
and paid as the court orders, either out of the property of the
estate involved or by the petitioner or from  such other
  another  source as the court orders. 
  SECTION 1.    Section 5003 of the Probate Code is
amended to read:
   5003.  (a) A holder of property under an instrument of a type
described in Section 5000 may transfer the property in compliance
with a provision for a nonprobate transfer on death that satisfies
the terms of the instrument, whether or not the transfer is
consistent with the beneficial ownership of the property as between
the person who executed the provision for transfer of the property
and other persons having an interest in the property or their
successors, and whether or not the transfer is consistent with the
rights of the person named as beneficiary.
   (b) Except as provided in this subdivision, notice or other
information shown to have been available to the holder of the
property does not affect the right of the holder to the protection
provided by subdivision (a). The protection provided by subdivision
(a) does not extend to a transfer made after either of the following
events:
   (1) The holder of the property has been served with a contrary
court order.
   (2) The holder of the property has been served with a written
notice of a person claiming an adverse interest in the property.
However, this paragraph does not apply to a pension plan to the
extent the transfer is a periodic payment pursuant to the plan.
   (c) The protection provided by this section does not affect the
rights of the person who executed the provision for transfer of the
property and other persons having an interest in the property or
their successors in disputes among themselves concerning the
beneficial ownership of the property.
   (d) The protection provided by this section is not exclusive of
any protection provided the holder of the property by any other
provision of law.
   (e) A person shall not serve notice under paragraph (2) of
subdivision (b) in bad faith. If the court in an action or proceeding
relating to the rights of the parties determines that a person has
served notice under paragraph (2) of subdivision (b) in bad faith,
the court shall award against the person the cost of the action or
proceeding, including a reasonable attorney's fee, and the damages
caused by the service.