Bill Text: CA AB490 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Intestate succession: children.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-06-28 - Chaptered by Secretary of State - Chapter 39, Statutes of 2013. [AB490 Detail]

Download: California-2013-AB490-Introduced.html

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BILL NUMBER: AB 490	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 19, 2013

   An act to repeal and add Section 6452 of the Probate Code,
relating to intestate succession.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 490, as introduced, Skinner. Intestate succession: children.
   Existing law provides that the estate of a decedent not
effectively disposed of by a will passes to the decedent's heirs as
prescribed by law. Existing law prohibits, for a child born out of
wedlock, a natural parent or a relative of that parent from
inheriting from or through the child on the basis of the parent and
child relationship unless the parent or a relative of the parent
acknowledged the child and the parent or a relative of the parent
contributed to the support or the care of the child.
   This bill would revise and recast the provisions regarding
inheritance of a parent from or through a child on the basis of the
parent and child relationship. The bill would provide that a parent
does not inherit from or through a child if the parent's parental
rights were terminated and the parent-child relationship was not
judicially reestablished, the parent did not acknowledge the child,
or the parent left the child during the child's minority and failed
to provide for the child's support or to communicate with the child,
as specified. The bill would provide that a relative of a parent who
does not inherit from or through a child, pursuant to the bill's
provisions, would inherit from or through the child as if the parent
had predeceased the child.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6452 of the Probate Code is repealed. 
   6452.  If a child is born out of wedlock, neither a natural parent
nor a relative of that parent inherits from or through the child on
the basis of the parent and child relationship between that parent
and the child unless both of the following requirements are
satisfied:
   (a) The parent or a relative of the parent acknowledged the child.

   (b) The parent or a relative of the parent contributed to the
support or the care of the child. 
  SEC. 2.  Section 6452 is added to the Probate Code, to read:
   6452.  (a) A parent does not inherit from or through a child on
the basis of the parent and child relationship if any of the
following apply:
   (1) The parent's parental rights were terminated and the
parent-child relationship was not judicially reestablished.
   (2) The parent did not acknowledge the child.
   (3) The parent left the child during the child's minority and
failed to provide for the child's support or to communicate with the
child, or both, for at least five consecutive years that continued
until the end of the child's minority, with the intent on the part of
the parent to abandon the child. The failure to provide support or
to communicate for the prescribed period is presumptive evidence of
an intent to abandon.
   (b) A relative of a parent described in subdivision (a) inherits
from or through the child as if the parent had predeceased the child.