SB 2184

I n an action under the Uniform Partition Heirs Property Act, present law requires the court to determine whether the property is heirs property. If the court determines that the property is heirs property and a cotenant seeks partition, then the property must be partitioned . This bill provides that the Uniform Partition Heirs Property Act does not apply to the sale of lands to pay debts. ELECTIVE SHARE Generally, present law authorizes t he surviving spouse of an intestate decedent who elects against taking an intestate share, or a surviving spouse who elects against a decedent's will, to take an elective-share amount equal to the value of the decedent's net estate determined by the length of time the surviving spouse and the decedent were married to each other . However, t he amount payable to the surviving spouse by the estate is reduced by the value of all assets includable in the decedent's gross estat e that were transferred, or deemed transferred, to the surviving spouse or that were for the benefit of the surviving spouse but excluding the homestead allowance, exempt property , and year's support allowance. Reduction For the purpose of the reduction described in the prior paragraph, present law provides that the decedent's gross estate must be determined by the court in the same manner as for inheritance tax purposes . This bill removes this provision and requires, instead, that, f or the purpose of such reduction, the decedent's gross estate must be determined by the court in the same manner as the gross estate is determined for federal estate tax purposes of the Internal Revenue Code, which is generally the value at t he time of death. Ho wever, the value of any asset that would not have been part of the decedent's gross estate for inheritance tax purposes in this state must be excluded from the calculation . PETITION FOR THE APPOINTMENT OF A CONSERVATOR Present law provides that t he petition for the appointment of a conservator, which must be sworn, should contain all of the following information. This bill removes that such information should be included, and, instead, requires all of the following to be included in a petition:  The name, date of birth, residence and mailing address of the respondent .  A description of the nature of the alleged disability of the respondent .  The name, age, residence and mailing address of the petitioner, a statement of the relationship of the petitioner to the respondent, and a statement of any felony or misdemeanor convictions of the petitioner, if any .  The name, age, mailing address, relationship of the proposed conservator, statement of any felony or misdemeanor conviction s , and, if the proposed conservator is not the petitioner, a statement signed acknowledging awareness of the petition and a willingness to serve. The petition must also include current copies of searches for the proposed conservator on the registry for those how abused, neglected, or misappropriated the property of vulnerable persons and the national sex offender registry .  The name, mailing address and relationship of the closest relative or relatives of the respondent and the name and mailing address of the person or institution, if any, having care and custody of the respondent or with whom the respondent is living. If the respondent has no then - living spouse, child, parent or sibling, the petition state as much and more remote relatives are not to be listed .  A summary of the facts supporting the petitioner's allegation that a conservator is needed .  The name of the respondent's physician or, where appropriate, respondent's psychologist or senior psychological examiner and either (i) a sworn examination report; (ii) a statement that the respondent has been examined but the sworn examination report has not been received but will be filed before the hearing; o r (iii) a statement that the respondent refuses to be examined voluntarily, with a request that the court direct the respondent to submit to medical examination .  The rights of the respondent to be removed from the respondent and transferred to the conservator.  If the petition requests the conservator to manage the property of the respondent, the petition also must contain certain information pertaining to such property.  A request for a guardian ad litem, conservator or co-conservator, or attorney ad litem with specific experience or expertise in matters like those faced by the respondent, if warranted under the circumstances.