Community property in trust.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Judiciary
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill modifies California law regarding community property trusts. It allows a surviving spouse to establish a trust and transfer their one-half share of community property, including real and personal property, into that trust for distribution upon their death. The bill clarifies that the transferred property remains community property unless both spouses agree otherwise, and it addresses how this trust interacts with existing community property division rules. Additionally, the bill requires the Department of Aging to conduct a study on theft from elders and dependent adults in long-term care facilities and submit a report to the legislature.
Key provisions
- Allows a surviving spouse to establish a trust and transfer their one-half share of community property into it.
- Specifies that transferred property remains community property unless both spouses agree otherwise.
- Clarifies the interaction between the trust and existing community property division rules.
- Requires the Department of Aging to conduct a study on theft from elders and dependent adults in long-term care facilities.
- Mandates the Department of Aging to submit a report to the Legislature by January 1, 2029.
- Specifies the scope of the study to include large rural, suburban, and urban counties.
- Requires the study to assess underreporting of theft and employee movement among facilities.
- Repeals a provision requiring the Department of Aging to submit a report by January 1, 2033.
Who is affected
Bill text
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Sponsors
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1 on record
Primary sponsor
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