reglab/housing_qa huggingface dataset:
CA Prob Code § 6806 (2021)
2021 California Code|Probate Code - PROB|DIVISION 6 - WILLS AND INTESTATE SUCCESSION|PART 4 - ESCHEAT OF DECEDENT'S PROPERTY|Section 6806.

6806.  Notwithstanding any other provision of law, a benefit consisting of money or other property distributable from a trust established under a plan providing health and welfare, pension, vacation, severance, retirement benefit, death benefit, unemployment insurance or similar benefits does not pass to or escheat to the state under this part but goes to the trust or fund from which it is distributable, subject to the provisions of Section 1521 of the Code of Civil Procedure. However, if such plan has terminated and the trust or fund has been distributed to the beneficiaries thereof prior to distribution of such benefit from the estate, such benefit passes to the state and escheats to the state under this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 12400 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD|Section 12400.

12400.  Unless the provision or context otherwise requires, as used in this part, “missing person” means a person who is presumed to be dead under Section 12401.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 12401 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD|Section 12401.

12401.  In proceedings under this part, a person who has not been seen or heard from for a continuous period of five years by those who are likely to have seen or heard from that person, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The person’s death is presumed to have occurred at the end of the period unless there is sufficient evidence to establish that death occurred earlier.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 12402 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD|Section 12402.

12402.  Subject to the provisions of this part, the estate of a missing person may be administered in the manner provided generally for the administration of estates of deceased persons.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 12403 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD|Section 12403.

12403.  (a) If the missing person was a resident of this state when last seen or heard from, the superior court of the county of the person’s last known place of residence has jurisdiction for the purposes of this part.(b) If the missing person was a nonresident of this state when last seen or heard from, the superior court of a county where real property of the missing person is located, or of a county where personal property is located if the missing person has no real property in this state, has jurisdiction for the purposes of this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 12404 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD|Section 12404.

12404.  (a) A petition may be filed in the court having jurisdiction under Section 12403 for the administration of the estate of a missing person.(b) The petition may be filed by any person who may be appointed as a personal representative, other than a person described in subdivision (r) of Section 8461.(c) In addition to the matters otherwise required in a petition for administration of the estate, the petition shall state all of the following:(1) The last known place of residence and the last known address of the missing person.(2) The time and circumstances when the missing person was last seen or heard from.(3) That the missing person has not been seen or heard from for a continuous period of five years by the persons likely to have seen or heard from the missing person (naming them and their relationship to the missing person) and that the whereabouts of the missing person is unknown to those persons and to the petitioner.(4) A description of the search or the inquiry made concerning the whereabouts of the missing person.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 12405 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD|Section 12405.

12405.  Notice of hearing shall be served and published, and proof made, in the same manner as in proceedings for administration of the estate of a decedent, except that notice of hearing on the petition shall also be sent by registered mail to the missing person at his or her last known address.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 12406 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD|Section 12406.

12406.  (a) At the hearing, the court shall determine whether the alleged missing person is a person who is presumed to be dead under Section 12401. The court may receive evidence and consider the affidavits and depositions of persons likely to have seen or heard from or know the whereabouts of the alleged missing person.(b) If the court is not satisfied that a diligent search or inquiry has been made for the missing person, the court may order the petitioner to conduct a diligent search or inquiry and to report the results. The court may order the search or inquiry to be made in any manner that the court determines to be advisable, including any or all of the following methods:(1) Inserting in one or more suitable newspapers or other periodicals a notice requesting information from any person having knowledge of the whereabouts of the missing person.(2) Notifying law enforcement officials and public welfare agencies in appropriate locations of the disappearance of the missing person.(3) Engaging the services of an investigator.(c) The costs of a search ordered by the court pursuant to subdivision (b) shall be paid by the estate of the missing person, but if there is no administration, the court in its discretion may order the petitioner to pay the costs.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 12407 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD|Section 12407.

12407.  (a) If the court finds that the alleged missing person is a person presumed to be dead under Section 12401, the court shall do both of the following: (1) Appoint a personal representative for the estate of the missing person in the manner provided for the estates of deceased persons.(2) Determine the date of the missing person’s death.(b) The personal representative shall administer the estate of the missing person in the same general manner and method of procedure, and with the same force and effect, as provided for the administration of the estates of deceased persons, except as otherwise provided in this part.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 12408 (2021)
2021 California Code|Probate Code - PROB|DIVISION 7 - ADMINISTRATION OF ESTATES OF DECEDENTS|PART 12 - ADMINISTRATION OF ESTATES OF MISSING PERSONS PRESUMED DEAD|Section 12408.

12408.  (a) If the missing person reappears:(1) The missing person may recover property of the missing person’s estate in the possession of the personal representative, less fees, costs, and expenses thus far incurred.(2) The missing person may recover from distributees any property of the missing person’s estate that is in their possession, or the value of distributions received by them, to the extent that recovery from distributees is equitable in view of all the circumstances, but an action under this paragraph is forever barred five years after the time the distribution was made.(b) The remedies available to the missing person under subdivision (a) are exclusive, except for any remedy the missing person may have by reason of fraud or intentional wrongdoing.(c) Except as provided in subdivisions (a) and (b), the order for final distribution, when it becomes final, is conclusive as to the rights of the missing person, the rights of the beneficiaries of the missing person, and the rights of all other persons interested in the estate.(d) If a dispute arises as to the identity of a person claiming to be a reappearing missing person, the person making the claim or any other interested person may file a petition under Section 11700, notwithstanding the limitations of time prescribed in Section 11700, for the determination of the identity of the person claiming to be the reappearing missing person.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15000 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 1 - GENERAL PROVISIONS|Section 15000.

15000.  This division shall be known and may be cited as the Trust Law.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15001 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 1 - GENERAL PROVISIONS|Section 15001.

15001.  Except as otherwise provided by statute:(a) This division applies to all trusts regardless of whether they were created before, on, or after July 1, 1987.(b) This division applies to all proceedings concerning trusts commenced on or after July 1, 1987.(c) This division applies to all proceedings concerning trusts commenced before July 1, 1987, unless in the opinion of the court application of a particular provision of this division would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of this division does not apply and prior law applies.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15002 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 1 - GENERAL PROVISIONS|Section 15002.

15002.  Except to the extent that the common law rules governing trusts are modified by statute, the common law as to trusts is the law of this state.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 15003 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 1 - GENERAL PROVISIONS|Section 15003.

15003.  (a) Nothing in this division affects the substantive law relating to constructive or resulting trusts.(b) The repeal of Title 8 (commencing with Section 2215) of Part 4 of Division 3 of the Civil Code by Chapter 820 of the Statutes of 1986 was not intended to alter the rules applied by the courts to fiduciary and confidential relationships, except as to express trusts governed by this division.(c) Nothing in this division or in Section 82 is intended to prevent the application of all or part of the principles or procedures of this division to an entity or relationship that is excluded from the definition of “trust” provided by Section 82 where these principles or procedures are applied pursuant to statutory or common law principles, by court order or rule, or by contract.(Amended by Stats. 1990, Ch. 710, Sec. 43. Operative July 1, 1991, by Sec. 48 of Ch. 710.)
CA Prob Code § 15004 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 1 - GENERAL PROVISIONS|Section 15004.

15004.  Unless otherwise provided by statute, this division applies to charitable trusts that are subject to the jurisdiction of the Attorney General to the extent that the application of the provision is not in conflict with the Supervision of Trustees and Fundraisers for Charitable Purposes Act, Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code.(Amended by Stats. 2020, Ch. 370, Sec. 232. (SB 1371) Effective January 1, 2021.)
CA Prob Code § 18501 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT|Section 18501.

18501.  This part may be cited as the Uniform Prudent Management of Institutional Funds Act.(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
CA Prob Code § 18502 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT|Section 18502.

18502.  As used in this part, the following terms shall have the following meanings:(a) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.(b) “Endowment fund” means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use.(c) “Gift instrument” means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.(d) “Institution” means any of the following:(1) A person, other than an individual, organized and operated exclusively for charitable purposes.(2) A government or governmental subdivision, agency, or instrumentality, to the extent that it holds funds exclusively for a charitable purpose.(3) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.(e) “Institutional fund” means a fund held by an institution exclusively for charitable purposes. The term does not include any of the following:(1) Program-related assets.(2) A fund held for an institution by a trustee that is not an institution.(3) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.(f) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.(g) “Program-related asset” means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.(h) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
CA Prob Code § 18504 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT|Section 18504.

18504.  (a) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, all of the following factors:(1) The duration and preservation of the endowment fund.(2) The purposes of the institution and the endowment fund.(3) General economic conditions.(4) The possible effect of inflation or deflation.(5) The expected total return from income and the appreciation of investments.(6) Other resources of the institution.(7) The investment policy of the institution.(b) To limit the authority to appropriate for expenditure or accumulate under subdivision (a), a gift instrument must specifically state the limitation.(c) Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income,” “interest,” “dividends,” or “rents, issues, or profits,” or “to preserve the principal intact,” or words of similar import have both of the following effects:(1) To create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund.(2) To not otherwise limit the authority to appropriate for expenditure or accumulate under subdivision (a).(d) The appropriation for expenditure in any year of an amount greater than 7 percent of the fair market value of an endowment fund, calculated on the basis of market values determined at least quarterly and averaged over a period of not less than three years immediately preceding the year in which the appropriation for expenditure is made, creates a rebuttable presumption of imprudence. For an endowment fund in existence for fewer than three years, the fair market value of the endowment fund shall be calculated for the period the endowment fund has been in existence. This subdivision does not do any of the following:(1) Apply to an appropriation for expenditure permitted under law other than this part or by the gift instrument.(2) Apply to a private or public postsecondary educational institution, or to a campus foundation established by and operated under the auspices of such an educational institution.(3) Create a presumption of prudence for an appropriation for expenditure of an amount less than or equal to 7 percent of the fair market value of the endowment fund.(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
CA Prob Code § 18505 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT|Section 18505.

18505.  (a) Subject to any specific limitation set forth in a gift instrument or in law other than this part, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in all of the following:(1) Selecting an agent.(2) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund.(3) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the scope and terms of the delegation.(b) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.(c) An institution that complies with subdivision (a) is not liable for the decisions or actions of an agent to which the function was delegated except to the extent a trustee would be liable for those actions or decisions under Sections 16052 and 16401.(d) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.(e) An institution may delegate management and investment functions to its committees, officers, or employees as authorized by law of this state other than this part.(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
CA Prob Code § 18506 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT|Section 18506.

18506.  (a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.(b) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor’s probable intention.(c) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General must be given an opportunity to be heard.(d) If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General and to the donor at the donor’s last known address in the records of the institution, may release or modify the restriction, in whole or part, if all of the following apply:(1) The institutional fund subject to the restriction has a total value of less than one hundred thousand dollars ($100,000).(2) More than 20 years have elapsed since the fund was established.(3) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument. An institution that releases or modifies a restriction under this subdivision may, if appropriate circumstances arise thereafter, use the property in accordance with the restriction notwithstanding its release or modification, and that use is deemed to satisfy the consistency requirement of this paragraph.(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
CA Prob Code § 18507 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT|Section 18507.

18507.  Compliance with this part is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
CA Prob Code § 18508 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT|Section 18508.

18508.  This part applies to institutional funds existing on or established after January 1, 2009. As applied to institutional funds existing on January 1, 2009, this part governs only decisions made or actions taken on or after that date.(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)
CA Prob Code § 18509 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 7 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT|Section 18509.

18509.  This part modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101 of that act (15 U.S.C. Sec. 7001(a)), or authorize electronic delivery of any of the notices described in Section 103 of that act (15 U.S.C. Sec. 7003(b)).(Repealed and added by Stats. 2008, Ch. 715, Sec. 4. Effective January 1, 2009.)