Today's Law As Amended

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AB-354 Estates and trusts: property: wrongful taking. (2011-2012)


 Section 859 of the Probate Code is amended to read:

 If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property belonging to a conservatee, a minor, an elder, a dependent adult, a trust, or  the estate of a decedent, or  conservatee, minor, or trust, or  has taken, concealed, or disposed of the property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action under this part. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs. The remedies The remedy  provided in this section shall be in addition to any other remedies available in law to a person authorized to bring an action pursuant to this part. trustee, guardian or conservator, or personal representative or other successor in interest of a decedent.