633.11 Declaratory judgments--determination of heirship--distribution. 1998—Subsec. 334.03 Definitions. (3), the date on which the distributee was first considered under section 318(a) as owning stock owned by the corporation from which such acquisition was made, then the basis of the property in the hands of the distributee would be the adjusted basis of the stock with respect to which the distribution was made, and under regulations prescribed by the Secretary, proper adjustment in the adjusted basis of any stock would be made for any distribution made to the distributee with respect to such stock before the adoption of the plan of liquidation, for any money received, for any liabilities assumed or subject to which the property was received, and for other items, and struck out par. L. 97–248, § 224(b), struck out heading to par. Section 15-3-719; Print Friendly Idaho Statutes. (a) If a transferor executes an instrument that makes an at-death transfer of securities and the transferor then owned securities that meet the description in the instrument, the transfer includes additional securities owned by the transferor at death to the extent the additional securities were acquired by the transferor after the instrument was executed as a result of the transferor's ownership of the described securities and are securities of any of the following types: (10050), (1) Securities of the same organization acquired by reason of action initiated by the organization or any successor, related, or acquiring organization, excluding any acquired by exercise of purchase options. (a) This section applies only to a safe deposit box in a financial institution held by the decedent in the decedent’s sole name, or held by the decedent and others where all are deceased. L. 89–809, title II, § 202(d), Nov. 13, 1966, 80 Stat. (a) Property given by a transferor during his or her lifetime to a person is treated as a satisfaction of an at-death transfer to that person in whole or in part only if one of the following conditions is satisfied: (10065), (1) The instrument provides for deduction of the lifetime gift from the at-death transfer. (a). L. 109–135 substituted “except that, in the hands of such distributee—” for “except that the basis of such property in the hands of such distributee shall be the fair market value of the property at the time of the distribution—” in introductory provisions, added subpars. Formal Administration (2 Types) - if estate is worth more than $22,000. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTSPART 1. 633.12 County of jurisdiction. L. 108–357 reenacted heading without change and amended text of par. Probate Code §11604 (formerly Cal. California Penal Code Section 334 CA Penal Code § 334 (2017) 21121. (10056), (b) Any amount of an eminent domain award for the taking of the property unpaid at the time the gift takes effect in possession or enjoyment. L. 97–248, set out as an Effective Date note under section 338 of this title. Amendment by Pub. 1988—Subsec. RULES FOR INTERPRETATION OF INSTRUMENTS, CHAPTER 3. — When used in the Florida Transportation Code, the term: (1) “Arterial road” means a route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. (10063), (e) The right of the transferee of the specific gift under this section shall be reduced by any right the transferee has under Section 21133. PROBATE COURT, CLERK OF PROBATE COURT, AND PROCEDURE IN PROBATE . All citizens have a right to have access to the laws that govern them. GC-334) is designed to be attached to copies of the capacity declaration that the declarant named in the order is authorized to complete, sign, and return to the party or attorney named at the top of the form. (A) provision relating to distributions made pursuant to a plan of liquidation adopted on or before June 22, 1954, and in provisions following subpar. (c) relating to property received in liquidation under section 333. pg. 2095, provided that: the basis of such property shall be the fair market value of the property at the time of the distribution in any case in which gain or loss is recognized by the liquidating corporation with respect to such property, and. ... of section 15-3-402 of this Part in which he requests that the court, ... 208-334-2320. L. 105–277 applicable to distributions after May 21, 1998, see section 3001(c) of Pub. The Revisor of Statutes and the attorneys on the committee staff work for the Missouri General Assembly and are prohibited from providing the general public with legal advice, legal representation, legal research, interpretations of the law, or applications of the law to specific facts. Specifically, the Probate and Mental Health Advisory Committee proposes revising Judicial Council forms GC-310, GC-313, GC-333, GC-334, GC-335, GC-335A, GC-380, and GC-385, effective January 1, 2019, as follows: 1. (10046), 21122. (B)(ii) “or his delegate” after “Secretary”. L. 93–497, § 3, Oct. 29, 1974, 88 Stat. The words of an instrument are to be given their ordinary and grammatical meaning unless the intention to use them in another sense is clear and their intended meaning can be ascertained. (c). Subsec. A personal representative is entitled to reasonable compensation for his services. L. 100–647 amended subsec. UNIFORM PROBATE CODE. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS, PART 1. 1. (1) as so redesignated substituted reference to section 332(a) for reference to section 332(b) relating to a distribution in complete liquidation, struck out reference to par. A Petition for Probate has been filed by JACK VANDERLANS in the Superior Court of California, County of SAN JOAQUIN ... of the filing of an inventory and appraisal of estate assets or of any petition or account as provided in Probate Code section 1250. The estate must meet certain asset guidelines, i.e. (10064), 21135. (2) as so redesignated struck out reference to par. Technical words are to be considered as having been used in their technical sense unless (a) the context clearly indicates a contrary intention or (b) it satisfactorily appears that the instrument was drawn solely by the transferor and that the transferor was unacquainted with the technical sense. Pub. ... 208-334-2320. (A) and (B), and struck out former subpars. (3) which provided that “purchase” meant any acquisition of stock, but only if the basis of the stock in the hands of the distributee was not determined in whole or in part by reference to the adjusted basis of such stock in the hands of the person from whom acquired, or under section 1014(a) of this title the stock was not acquired in an exchange to which section 351 of this title applies, and the stock was not acquired from a person the ownership of whose stock would, under section 318(a) of this title, be attributed to the person acquiring such stock, but that “purchase” also meant an acquisition of stock from a corporation when ownership of such stock would be attributed under section 318(a) to the person acquiring such stock, if the stock of such corporation by reason of which such ownership would be attributed was acquired by purchase, and redesignated par. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. PROBATE COURT . House of Representatives. If the meaning of any part of an instrument is ambiguous or doubtful, it may be explained by any reference to or recital of that part in another part of the instrument. SUBPARTB INVESTMENTSBYFIDUCIARIES 633.123 Prudent investments — Amendment by Pub. L. 105–277 substituted “section 332” for “section 332(a)”. (1) with heading “Distribution in complete liquidation”, in par. 331. (b)(1). Pub. Nothing in this section affects the rights of a surviving coholder. 1534, as amended by Pub. AMENDMENT. Probate Code. 1954] (relating to basis of property received in liquidations), no adjustment to the basis of any property distributed in complete liquidation of a corporation prior to July 1, 1957, shall be made for any liability if— (10066), (2) The transferor declares in a contemporaneous writing that the gift is in satisfaction of the at-death transfer or that its value is to be deducted from the value of the at-death transfer. Subsec. v. (10061), (c) For the purpose of the references in this section to a conservator, this section does not apply if, after the sale, mortgage, condemnation, fire, or casualty, or recovery, the conservatorship is terminated and the transferor survives the termination by one year. “(2) Transfers to which section 332(c) applies.—If property is received by a corporation in a transfer to which section 332(c) applies, the basis of the property in the hands of the transferee shall be the same as it would be in the hands of the transferor. (b)(1). L. 99–514, § 631(e)(4)(A), struck out “(other than a distribution to which section 333 applies)” after “liquidation”. Box 83720 Boise, ID … California Laws | Probate Code DIVISION 11. L. 89–809, § 202(a), inserted provision that, for purposes of par. The Court extends the time period provided in section 334 of the Welfare and Institutions Code within which a hearing on a juvenile dependency petition must be held by not more than fifteen (15) days, applicable only to minors for whom the statutory deadline would otherwise expire from June 11, 2020 to July 9, 2020, inclusive. 2. P.O. CA Prob Code § 331 (2017) (a) This section applies only to a safe deposit box in a financial institution held by the decedent in the decedent’s sole name, or held by the decedent and others where all are deceased. language of Probate Code section 2356.5(c). Pub. the distributor and distributee did not consider the liability relevant to the value of the stock with respect to which the distribution was made, the distributor and distributee reasonably relied upon a decision of a United States district court specifically adjudicating the amount of the liability and its affirmance by the appropriate United States court of appeals, and. L. 97–248 applicable to any target corporation with respect to which the acquisition date occurs after Aug. 31, 1982, with special rules for certain acquisitions before Sept. 1, 1982, and certain acquisitions of financial institutions in which there was a binding contract on July 22, 1982, to acquire control, see section 224(d) of Pub. This section is referenced in § 20-725, § 20-731, § 20-732, and § 20-733. (b)(2). (10067), (3) The transferee acknowledges in writing that the gift is in satisfaction of the at-death transfer or that its value is to be deducted from the value of the at-death transfer. “(3) Distributee defined.—For purposes of this subsection, the term ‘distributee’ means only the corporation which meets the 80-percent stock ownership requirements specified in section 332(b).”. 1576, provided that: Pub. 1144 CHAPI'ER 334 UNIFORM PROBATE CODE ~ A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie~ evidence of the fact, place, date~ … For decades, the California Legislature has also regulated Assignments or Transfers by a beneficiary of an estate, see Cal. A specific gift passes the property transferred subject to any mortgage, deed of trust, or other lien existing at the date of death, without right of exoneration, regardless of a general directive to pay debts contained in the instrument. APPENDIX G Notice Under Probate Code Section 128B APPENDIX H Affidavit and Waiver of Notice Under Probate Code Section 128B APPENDIX I Texas Probate Code … Sunday, December 20, 2020 at 6:19pmSan Antonio, Texas. For purposes of this subsection, the term “corporate distributee” means only the corporation which meets the stock ownership requirements specified in section 332(b). Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services. (10068). Uniform Probate Code Chapter 322 943 ~ ef appeintment, or a person in whose favor a power of attorney or a power held in any individual, fiduciary, or representative capacity is exercised. Prior to amendment, text read as follows: “If property is received by a corporate distributee in a distribution in a complete liquidation to which section 332 applies (or in a transfer described in section 337(b)(1)), the basis of such property in the hands of such distributee shall be the same as it would be in the hands of the transferor; except that, in any case in which gain or loss is recognized by the liquidating corporation with respect to such property, the basis of such property in the hands of such distributee shall be the fair market value of the property at the time of the distribution.”. L. 94–455, §§ 1901(a)(45), 1906(b)(13)(A), struck out in subpar. division 4.5. powers of attorney [4000 - 4545] SECTION 2. (10054), 21133. Subsections 5 and 53 of section 30.1-01-06 of the North Dakota Century Code as created by section 2 of chapter 334 of the 2450 an ordinance repealing section 26-312, two-hour limit on … (2)(B), “purchase” also means an acquisition of stock from a corporation when ownership of such stock would be attributed under section 318(a) to the person acquiring such stock, if the stock of such corporation by reason of which such ownership would be attributed was acquired by purchase. PART 1 . Pub. 334.048 Legislative intent with respect to department management accountability and monitoring systems. L. 105–277, set out as a note under section 332 of this title. Section References. PROBATE OF WILLS AND ADMINISTRATION. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. (b). All parts of an instrument are to be construed in relation to each … 1986—Subsec. 1976—Subsec. This is FindLaw's hosted version of California Code, Probate Code. Division 8, Disposition of Estate Without Administration; Part 1, Collection or Transfer of Small Estate Without Administration; Chapter 3, Affidavit Procedure for Collection or Transfer of Personal Property; Section 13104. (4) as (3). Subsec. A clerk’s certification is provided on the ... 6 See Probate Code section 1825(b) and … Prior to amendment, subsec. A Request for Special Notice form is available from the court clerk. ... 334-3651. L. 108–357, title VIII, § 836(c)(2), Oct. 22, 2004, 118 Stat. L. 94–455 effective for taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. (b). Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues. (10062), (d) For the purpose of the references in this section to an agent acting with the authority of a durable power of attorney for an incapacitated principal, (1) "incapacitated principal" means a principal who is an incapacitated person, (2) no adjudication of incapacity before death is necessary, and (3) the acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal. “The amendment made by subsection (b) [amending this section] shall apply to liquidations after the date of the enactment of this Act [, “The amendment made by subsection (a) [amending this section] shall apply only with respect to acquisitions of stock after. Pub. Pub. PART 7. (10049), 21132. L. 99–514, § 631(e)(4)(B), struck out subsec. Fill out a petition (PDF) and pay the filing fee. 1596, provided that: Amendment by Pub. … Probate Code §1021.1). L. 100–647, set out as a note under section 1 of this title. Dist. TITLE 15 . (10052), (3) Securities of the same organization acquired as a result of a plan of reinvestment. Technical words are not necessary to give effect to a disposition in an instrument. 1. California Laws | Probate CodeDIVISION 11. CHAPTER 3 . 1936). (10047), 21131. (a). J, title III, § 3001(b)(2), Section 334. RULES FOR INTERPRETATION OF INSTRUMENTS, 21121. (b)(2)(B). All parts of an instrument are to be construed in relation to each other and so as, if possible, to form a consistent whole. (2) which had provided that if property was received by a corporation in a distribution in complete liquidation of another corporation and if the distribution was pursuant to a plan of liquidation adopted not more than 2 years after the date of the transaction described below, or in the case of a series of transactions, the date of the last such transaction, and stock of the distributing corporation possessing at least 80 percent of the total combined voting power of all classes of stock entitled to vote, and at least 80 percent of the total number of shares of all other classes of stock (except nonvoting stock which was limited and preferred as to dividends), was acquired by the distributee by purchase (as defined in par. (10058), (d) Property owned by the transferor at the time the gift takes effect in possession or enjoyment and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically given obligation. All other intellectual property including but not limited toprogramming, HTML, indexing and presentation is copyright (C) 1995-2020 Easy Law Lookup * All Rights Reserved.Use of this website is subject to Terms and Conditions and Privacy Policy. 334. (B) "The affiant or declarant is authorized under Section 13051 of the California . L. 108–357, to which such amendment relates, see section 403(nn) of Pub. If property is received in a distribution in complete liquidation, and if gain or loss is recognized on receipt of such property, then the basis of the property in the hands of the distributee shall be the fair market value of such property at the time of the distribution. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS PART 1. 3 PROBATE CODE, Ch 633 633.121 Substitution—divisionoffee. Pub. Code Section: MCL Chapter 700: Estates and Protected Individuals Code: Types of Probate Administration: Small Estate: (Summary Administration) 1. to act on behalf of (3)) during a 12-month period beginning with the earlier of the date of the first acquisition by purchase of such stock, or if any of such stock was acquired in an acquisition which is a purchase within the meaning of second sentence of par. Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel. L. 97–248 applicable to distributions after Aug. 31, 1982, with exceptions for certain partial liquidations, see section 222(f) of Pub. (10060), (b) Except as otherwise provided in this section, if an eminent domain award for the taking of specifically given property is paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, or if the proceeds on fire or casualty insurance on, or recovery for injury to, specifically gifted property are paid to a conservator or to an agent acting within the authority of a durable power of attorney for an incapacitated principal, the recipient of the specific gift has the right to a general pecuniary gift equal to the eminent domain award or the insurance proceeds or recovery. (a) Except as provided in subdivision (b), a public administrator, government official, law enforcement agency, the hospital or institution in which a decedent died, or the decedent's employer, may, without the need to wait 40 days after death, deliver the … (b)(3). CHAPTER 3 . FORMAL TESTACY AND APPOINTMENT PROCEEDINGS. 633.122 Settlementcontested. Expand sections by using the arrow icons. 950 i legal nolle ordinance no. (1) generally. Section 736.0708 is the Trust Code version of 733.617 for drafting attorneys or related persons being designated as trustee. (10059), 21134. This was previously addressed by an updated comment to Rule 4-1.8 of the Rules Regulating the Florida Bar in 2017. be under $22,000. SUBTITLE 4 - PROBATE — FIDUCIARIES CHAPTER 633 - PROBATE CODE Section 633.334 - Surviving spouse included as “heir”. PART 4. Pub. Nothing in this section affects the rights of a surviving coholder. Editor's Notes. Changes to the Probate and Trust Codes. the basis of any property described in section 362(e)(1)(B) shall be the fair market value of the property at the time of the distribution in any case in which such distributee’s aggregate adjusted basis of such property would (but for this subparagraph) exceed the fair market value of such property immediately after such liquidation. RULES FOR INTERPRETATION OF INSTRUMENTS. 2005 California Probate Code Sections 330-331 PERSONAL PROPERTY AND SAFE DEPOSIT BOX PROBATE CODE SECTION 330-331 330. iv. Use this page to navigate to all sections within Probate Code. division 4. guardianship, conservatorship, and other protective proceedings [1400 - 3925]. (1) “In general”, redesignated first sentence as par. A recipient of an at-death transfer of a specific gift has a right to the property specifically given, to the extent the property is owned by the transferor at the time the gift takes effect in possession or enjoyment, and all of the following: (10055), (a) Any balance of the purchase price (together with any security agreement) owing from a purchaser to the transferor at the time the gift takes effect in possession or enjoyment by reason of sale of the property. See In Re: Michels’s Estate 63 P. 2d 333, 334 (Cal. (b)(1). Pub. Probate Code) to the decedent's interest in the described property." Finally, the proposal would make technical changes to promote clarity and utility. Citizen awareness and participation in government is fundamental to ensuring a sound democracy. the amount of liability so adjudicated was not greater than would be compensated for by insurance. 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