Today's Law As Amended


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AB-2335 Decedents’ estates: family allowance.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 6540 of the Probate Code is amended to read:

6540.
 (a) The following are entitled to such a  reasonable family allowance out of the estate as is necessary for their maintenance according to their circumstances during administration of the estate: estate, provided however, that the highest priority for the family allowance is to provide for minor children of the decedent: 
(1) The surviving spouse of the decedent.
(2) Minor children of the decedent.
(3) Adult children of the decedent who are physically or mentally incapacitated from earning a living and were actually dependent in whole or in part upon the decedent for support.
(b) The following may be given such reasonable family allowance out of the estate as the court in its discretion determines is necessary for their maintenance according to their circumstances during administration of the estate:
(1) Other adult children of the decedent who were actually dependent in whole or in part upon the decedent for support.
(2) A parent of the decedent who was actually dependent in whole or in part upon the decedent for support.
(c) If a person otherwise eligible for family allowance has a reasonable maintenance from other sources and there are one or more other persons entitled to a family allowance, the family allowance shall be granted only to those who do not have a reasonable maintenance from other sources.