BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2271|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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CONSENT
Bill No: AB 2271
Author: Silva (R)
Amended: 6/16/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/10/10
AYES: Corbett, Harman, Hancock, Leno, Walters
ASSEMBLY FLOOR : 76-0, 4/5/10 - See last page for vote
SUBJECT : Probate: appeals
SOURCE : Conference of California Bar Associations
DIGEST : This bill authorizes a trial court to appoint a
temporary trustee to exercise powers over a trust during
the appeal of certain judgments and orders.
ANALYSIS : Existing law:
Existing law provides that a party may appeal certain court
orders.
Existing law provides that an appeal under Probate Code
Section 1300 et seq. stays the operation and effect of the
judgment or order.
Existing law provides that during an appeal pursuant to
Probate Code Section 1300 et seq. of a court order, the
court may appoint a temporary guardian, conservator, or
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special administrator to exercise fiduciary powers.
This bill authorizes the court to appoint a temporary
trustee to exercise fiduciary powers during an appeal
pursuant to Probate Code Section 1300 et seq.
Background
AB 1172 (Kaloogian), Chapter 724, Statutes of 1997,
consolidated the various appeal provisions under the
Probate Code and provided the circumstances under which an
appeal stays an order during the pendency of the appeal.
Under the provisions of AB 1172, the court could appoint a
temporary guardian or conservator of the person or estate,
or a special administrator to exercise fiduciary powers for
the purpose of preventing injury or loss to a person or
property. AB 1669 (Committee on Judiciary), Chapter 688,
Statutes of 2000, added bond requirements to these appeal
provisions.
This bill authorizes a court to appoint a temporary trustee
to exercise fiduciary powers to prevent loss to the trust
property during an appeal.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
Conference of California Bar Associations (source)
Executive Committee of the Trusts and Estates Section of
the State Bar
Judicial Council of California
ARGUMENTS IN SUPPORT : According to the author's office:
"Current law does not permit a court to appoint a
temporary trustee to manage an estate in probate after
the court has ordered the trustee removed and the
trustee has appealed the court's decision. In most
cases, the court's decision to remove the trustee is
because of a need to protect the trust estate and
beneficiaries from the trustee's incompetence,
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dishonesty, or both. Yet existing law permits the
incompetent or dishonest trustee to remain in
authority until the appeal has run its course,
threatening to compound the damage already done to the
trust estate."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: Blakeslee, Norby, Portantino
RJG:nl 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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