California 2011-2012 Regular Session Status: Enacted

AB 1985 — Trusts and estates: construction of instruments.

Last action — Chaptered by Secretary of State - Chapter 195, Statutes of 2012.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 23, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides rules for the interpretation of wills, trusts, deeds, and other instruments, which are to be used as interpretive aids if the intention of the transferor is not indicated by the instrument. Under existing law, if after the execution of the instrument of gift, specifically given property is sold, or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, the transferee of the specific gift has the right to a general pecuniary gift equal to the net sale price of, or the amount of the unpaid loan encumbrance on, the property. This bill would extend these provisions to any case in which specifically given property is encumbered by a deed of trust, mortgage, or other instrument. The bill would also apply these provisions to property that is sold by a trustee acting for an incapacitated settlor of a trust established by the settlor as a revocable trust. The bill would further specify that a transferee of a specific gift has the right to a general pecuniary gift equal to the net sale price of the property unreduced by the payoff of any such encumbrance or the amount of the unpaid encumbrance on the property, as well as the property itself. Under existing law, if an eminent domain award for the taking of specifically given property is paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if the proceeds on fire or casualty insurance on, or recovery for injury to, specifically gifted property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the recipient of a specific gift has the right to a general pecuniary gift equal to the eminent domain award or the insurance proceeds or recovery. This bill would extend these provisions to eminent domain awards, or insurance proceeds or recovery, paid to a trustee acting for an incapacitated settlor of a trust established by the settlor as a revocable trust. The bill would also specify that in those cases the recipient of the specific gift has the right to a general pecuniary gift equal to the eminent domain award or the insurance proceeds or recovery unreduced by the payoff of any encumbrance paid on the property by the conservator, agent, or trustee, after the execution of the instrument.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 195, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:10 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 5836.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 3 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4286.).

  7. Read second time. Ordered to consent calendar.

  8. From committee: Do pass. To consent calendar. (Ayes 4. Noes 0.) (June 26).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

  11. Referred to Com. on JUD.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 4374.)

  14. Read second time. Ordered to consent calendar.

  15. From committee: Do pass. To consent calendar. (Ayes 10. Noes 0.) (April 10).

  16. Re-referred to Com. on JUD.

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  18. Referred to Com. on JUD.

  19. From printer. May be heard in committee March 25.

  20. Read first time. To print.

Sponsors

  • Silva · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Silva

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1985 SILVA Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Republican 2000
Democratic 0001
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Yea
Butler — Yea
Garrick — Yea
Carter — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
John A. Pérez — Yea
Mitchell — Yea
Jeffries — Yea
Atkins — Yea
Knight — Yea
Chesbro — Yea
Cook — Yea
Ammiano — Yea
Donnelly — Yea
Miller — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Valadao — Yea
Portantino — Yea
Eng — Yea
Campos — Yea
Allen — Yea
Feuer — Yea
Furutani — Yea
Bonilla — Yea
Galgiani — Yea
Fong — Yea
Fletcher — Yea
Cedillo — Not Voting
Gatto — Yea
Gorell — Yea
Conway — Yea
Davis — Yea
Hall — Yea
Hayashi — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Olsen — Yea
Wagner — Yea
Dickinson — Yea
Fuentes — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Consent Calendar 2nd

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Not Voting
Hancock — Yea
Runner — Not Voting
Dutton — Yea
Cannella — Yea
Evans — Yea
Fuller — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Correa — Yea
Anderson — Yea
Harman — Yea
Hernandez — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Not Voting
Liu — Yea
Pavley — Yea
Wyland — Yea
Emmerson — Not Voting
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1985 SILVA Consent Calendar Second Day

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Democratic 1000
Republican 2000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Feuer — Yea
Fuentes — Yea
Yamada — Yea
Garrick — Yea
John A. Pérez — Yea
Mitchell — Yea
Gatto — Yea
Gorell — Yea
Atkins — Yea
Butler — Yea
Halderman — Yea
Hall — Yea
Campos — Yea
Portantino — Yea
Hayashi — Yea
Carter — Yea
Allen — Yea
Hill — Yea
Huber — Yea
Bonilla — Yea
Huffman — Yea
Fong — Yea
Fletcher — Yea
Chesbro — Yea
Ammiano — Yea
Beall — Yea
Conway — Yea
Cook — Yea
Dickinson — Yea
Donnelly — Yea
Jeffries — Yea
Lara — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Monning — Yea
Cedillo — Not Voting
Davis — Not Voting
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Furutani — Not Voting
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Gorell — Yea
Atkins — Yea
Monning — Yea
Wagner — Yea
Wieckowski — Yea
Huber — Yea
Dickinson — Yea
Bonnie Lowenthal — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

finance civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1985 do?
Existing law provides rules for the interpretation of wills, trusts, deeds, and other instruments, which are to be used as interpretive aids if the intention of the transferor is not indicated by the instrument. Under existing law, if after the execution of the instrument of gift, specifically given property is sold, or mortgaged by a conservator or by an agent acting within the authority of a durable power of attorney for an incapacitated principal, the transferee of the specific gift has the right to a general pecuniary gift equal to the net sale price of, or the amount of the unpaid loan encumbrance on, the property. This bill would extend these provisions to any case in which specifically given property is encumbered by a deed of trust, mortgage, or other instrument. The bill would also apply these provisions to property that is sold by a trustee acting for an incapacitated settlor of a trust established by the settlor as a revocable trust. The bill would further specify that a transferee of a specific gift has the right to a general pecuniary gift equal to the net sale price of the property unreduced by the payoff of any such encumbrance or the amount of the unpaid encumbrance on the property, as well as the property itself. Under existing law, if an eminent domain award for the taking of specifically given property is paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if the proceeds on fire or casualty insurance on, or recovery for injury to, specifically gifted property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the recipient of a specific gift has the right to a general pecuniary gift equal to the eminent domain award or the insurance proceeds or recovery. This bill would extend these provisions to eminent domain awards, or insurance proceeds or recovery, paid to a trustee acting for an incapacitated settlor of a trust established by the settlor as a revocable trust. The bill would also specify that in those cases the recipient of the specific gift has the right to a general pecuniary gift equal to the eminent domain award or the insurance proceeds or recovery unreduced by the payoff of any encumbrance paid on the property by the conservator, agent, or trustee, after the execution of the instrument.
Who sponsors AB 1985?
AB 1985 is sponsored by Silva.
What is the current status of AB 1985?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 1985?
Track AB 1985 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1985

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1985

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →