Tuesday, June 16, 2009

Legislation - Sister-State PR Affidavit Transfer Bill Hits Snag

Just when it looked like things were moving smoothly for AB 355 (Ammiano), the Trusts & Estates Section Executive Committee's (TEXCOMM's) bill to allow a sister-state Personal Representative to collect any amount of a decedent's personal property located in California via affidavit procedure has stalled in the face of late opposition and now appears to be a two-year bill.

The bill appears to be caught between the Association of Public Guardians and Public Administrators, who sought and obtained an amendment to the bill in the Assembly exempting them from any obligation to administer the decedent's estate or to petition for administration of the estate when presented with a proper sister-state affidavit, the staff of the Senate Judiciary Committee, which sees the exemption as too broad.

AB 355 passed the Assembly on the Consent Calendar, but is not likely to move further until this conflict is resolved. Unless something can be worked out before the July 10 deadline for policy committees to hear and report legislation, it's likely the bill will not move further until some time in 2010.

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