California 2011-2012 Regular Session Status: Enacted

AB 1683 — Revocable trusts.

Last action — Chaptered by Secretary of State - Chapter 55, Statutes of 2012.

  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 14, 2012. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 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

Under existing law, a trust that is revocable by the settlor may be revoked in whole or in part by either compliance with any method of revocation provided in the trust instrument or by a writing, other than a will, signed by the settlor and delivered to the trustee during the settlor's lifetime, as specified. This bill would also allow revocation of a trust to be made by a writing signed by any other person holding the power of revocation and delivered to the trustee during the lifetime of the settlor or the person holding the power of revocation. Under existing law, if a trust is created by more than one settlor, each settlor may revoke the trust as to the portion of the trust contributed by that settlor, unless the trust instrument provides otherwise and except with respect to certain community property interests. This bill would, notwithstanding these provisions, specify that a settlor may grant to another person, including his or her spouse, a power to revoke all or part of that portion of the trust contributed by that settlor, regardless of whether that portion was separate property or community property of that settlor, and regardless of whether that power to revoke is exercisable during the lifetime of that settlor or continues after the death of that settlor, or both. Existing law establishes procedures governing the disposal of property when a trust is terminated. Under existing law, if a trust is revoked by the settlor, then the trust property is disposed of according to the directions of the settlor. This bill would instead specify that if a trust is revoked by the settlor, the trust property would be disposed of first as directed by the settlor, secondly, as provided in the trust instrument, and to the extent there is no direction by the settlor or in the trust instrument, to the settlor, or his or her estate, as specified. The bill would also specify that if a trust is revoked by any person holding a power of revocation other than the settlor, the trust property would first be disposed of as provided in the trust instrument, secondly as directed by the person exercising the power of revocation, and to the extent there is no direction in the trust instrument or by the person exercising the power of revocation, to the person exercising the power of revocation, or his or her estate. The bill would also make related conforming and nonsubstantive changes.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 55, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:15 a.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 3958.).

  6. Read second time. Ordered to consent calendar.

  7. From committee: Do pass. To consent calendar. (Ayes 4. Noes 0.) (June 12).

  8. Referred to Com. on JUD.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4186.)

  11. Read second time. Ordered to consent calendar.

  12. Read second time and amended. Ordered to second reading.

  13. From committee: Do pass as amended. To consent calendar. (Ayes 8. Noes 0.) (March 20).

  14. Re-referred to Com. on JUD.

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

  16. Referred to Com. on JUD.

  17. From printer. May be heard in committee March 16.

  18. Read first time. To print.

Sponsors

  • Hagman · Primary
  • Jeffries · Cosponsor
  • Wieckowski · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Hagman

Co-sponsors (2)

  • Jeffries
  • Wieckowski

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Consent Calendar 2nd AB1683 Hagman By Harman

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 — Yea
Wyland — Yea
Evans — Yea
Fuller — Yea
Hancock — Not Voting
Harman — Yea
Cannella — Yea
Lowenthal — Yea
De León — Yea
Huff — Yea
Negrete McLeod — Yea
Rubio — Yea
Leno — Yea
Corbett — Yea
Lieu — Yea
Runner — Not Voting
Alquist — Yea
Blakeslee — Yea
Correa — Yea
Dutton — Yea
Pavley — Not Voting
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wright — Yea
Anderson — Yea
Hernandez — Yea
Kehoe — Yea
Liu — Not Voting
Walters — Yea
Wolk — Yea
Emmerson — Yea
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 1683 HAGMAN Consent Calendar Second Day

Passed 68 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 650012
Republican 2000
Democratic 1000
Total 680012
% of votes cast 85%0%0%15%
How each member voted (80)
Member Party Vote
Hall — Not Voting
Feuer — Yea
Furutani — Yea
Hagman — Yea
Butler — Yea
Harkey — Yea
Hill — Yea
Fong — Yea
Allen — Yea
Huber — Yea
Hueso — Yea
Huffman — Yea
John A. Pérez — Yea
Alejo — Yea
Carter — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Logue — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Yamada — Yea
Bonilla — Yea
Atkins — Yea
Galgiani — Yea
Gordon — Yea
Fletcher — Not Voting
Gorell — Not Voting
Campos — Yea
Portantino — Not Voting
Mitchell — Not Voting
Halderman — Yea
Jeffries — Yea
Cedillo — Not Voting
Knight — Not Voting
Beall — Yea
Block — Yea
Chesbro — Yea
Dickinson — Yea
Donnelly — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Not Voting
Pan — Yea
Torres — Yea
Achadjian — Yea
Ammiano — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Nestande — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Eng — Yea
Fuentes — Yea
Garrick — Not Voting
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Not Voting
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 7000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Atkins — Yea
Huber — Yea
Monning — Yea
Dickinson — Yea
Wieckowski — Yea
Wagner — Yea
Feuer — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

finance
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 1683 do?
Under existing law, a trust that is revocable by the settlor may be revoked in whole or in part by either compliance with any method of revocation provided in the trust instrument or by a writing, other than a will, signed by the settlor and delivered to the trustee during the settlor's lifetime, as specified. This bill would also allow revocation of a trust to be made by a writing signed by any other person holding the power of revocation and delivered to the trustee during the lifetime of the settlor or the person holding the power of revocation. Under existing law, if a trust is created by more than one settlor, each settlor may revoke the trust as to the portion of the trust contributed by that settlor, unless the trust instrument provides otherwise and except with respect to certain community property interests. This bill would, notwithstanding these provisions, specify that a settlor may grant to another person, including his or her spouse, a power to revoke all or part of that portion of the trust contributed by that settlor, regardless of whether that portion was separate property or community property of that settlor, and regardless of whether that power to revoke is exercisable during the lifetime of that settlor or continues after the death of that settlor, or both. Existing law establishes procedures governing the disposal of property when a trust is terminated. Under existing law, if a trust is revoked by the settlor, then the trust property is disposed of according to the directions of the settlor. This bill would instead specify that if a trust is revoked by the settlor, the trust property would be disposed of first as directed by the settlor, secondly, as provided in the trust instrument, and to the extent there is no direction by the settlor or in the trust instrument, to the settlor, or his or her estate, as specified. The bill would also specify that if a trust is revoked by any person holding a power of revocation other than the settlor, the trust property would first be disposed of as provided in the trust instrument, secondly as directed by the person exercising the power of revocation, and to the extent there is no direction in the trust instrument or by the person exercising the power of revocation, to the person exercising the power of revocation, or his or her estate. The bill would also make related conforming and nonsubstantive changes.
Who sponsors AB 1683?
AB 1683 is sponsored by Hagman, Jeffries, and Wieckowski.
What is the current status of AB 1683?
This bill has been enacted into law. Introduced February 14, 2012. Enacted.
Where can I track AB 1683?
Track AB 1683 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1683

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 1683

Last checked for changes 3 months ago · updated continuously

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

Track this bill →