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.
California AB 1985 (20112012) — Trusts and estates: construction of instruments.
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.
Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
AB 1985 SILVA Concurrence in Senate Amendments — 77–0 (pass) · lower
Do pass and be placed on the Consent Calendar. — 4–0 (pass) · upper
AB 1985 SILVA Consent Calendar Second Day — 77–0 (pass) · lower
Do pass, to Consent Calendar. — 10–0 (pass) · lower
Sponsors
Silva — primary (person)
Timeline
The legislative action history — every referral, reading, and vote.
2012-02-23 Read first time. To print. reading-1
2012-02-24 From printer. May be heard in committee March 25.
2012-03-08 Referred to Com. on JUD. referral-committee
2012-04-09 From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. reading-2, amendment-introduction, reading-1, amendment-passage
2012-04-09 Re-referred to Com. on JUD. referral-committee
2012-04-10 From committee: Do pass. To consent calendar. (Ayes 10. Noes 0.) (April 10). committee-passage, committee-passage-favorable
2012-04-11 Read second time. Ordered to consent calendar. reading-2, reading-1
2012-04-16 Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 4374.) reading-3, reading-1, passage
2012-04-16 In Senate. Read first time. To Com. on RLS. for assignment. reading-1
2012-04-26 Referred to Com. on JUD. referral-committee
2012-06-11 In committee: Set, first hearing. Hearing canceled at the request of author.
2012-06-15 From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. reading-2, amendment-introduction, reading-1, amendment-passage, referral-committee
2012-06-27 From committee: Do pass. To consent calendar. (Ayes 4. Noes 0.) (June 26). committee-passage, committee-passage-favorable
2012-06-28 Read second time. Ordered to consent calendar. reading-2, reading-1
2012-07-05 Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4286.). reading-3, reading-1, passage
2012-07-05 In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 3 pursuant to Assembly Rule 77.
2012-08-09 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 5836.). committee-passage-favorable, amendment-passage
2012-08-15 Enrolled and presented to the Governor at 3:10 p.m.
2012-08-27 Approved by the Governor. executive-signature
2012-08-27 Chaptered by Secretary of State - Chapter 195, Statutes of 2012.
Source
OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/70474f13-0853-44d3-9180-281c86910bf8. Confidence: reported (aggregated from official California legislature records).