reglab/housing_qa huggingface dataset:
CA Prob Code § 19252 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 8 - Allowance and Rejection of Claims|Section 19252.

19252.  The trustee shall have the power to pay any claim or portion of a claim and payment shall constitute allowance of the claim to the extent of the payment. The trustee shall have the power to compromise any claim or portion of a claim. If the trustee or the attorney for the trustee is a creditor of the deceased settlor, the trustee shall have the same powers regarding allowance, rejection, payment, or compromise set forth in this chapter.(Amended by Stats. 2007, Ch. 159, Sec. 27. Effective January 1, 2008.)
CA Prob Code § 19253 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 8 - Allowance and Rejection of Claims|Section 19253.

19253.  (a) A claim barred by the statute of limitations may not be allowed by the trustee. (b) The filing of a claim tolls the statute of limitations otherwise applicable to the claim until the trustee gives notice of allowance or rejection. (c) The allowance of a claim further tolls the statute of limitations as to the part of the claim allowed until the allowed portion of the claim is paid. (d) Notwithstanding the statute of limitations otherwise applicable to a claim, if an action on a rejected claim is not commenced or if the matter is not referred to a referee or to arbitration within the time prescribed in Section 19255, it is forever barred.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19254 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 8 - Allowance and Rejection of Claims|Section 19254.

19254.  If within 30 days after a claim is filed the trustee has refused or neglected to act on the claim, the refusal or neglect may, at the option of the claimant, be deemed equivalent to the giving of a notice of rejection on the 30th day.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19255 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 8 - Allowance and Rejection of Claims|Section 19255.

19255.  (a) A rejected claim is barred as to the part rejected unless the creditor brings an action on the claim or the matter is referred to a referee or to arbitration within the following times, excluding any time during which there is a vacancy in the office of the trustee:(1) If the claim is due at the time of giving the notice of rejection, 90 days after the notice is given.(2) If the claim is not due at the time of giving the notice of rejection, 90 days after the claim becomes due.(b) In addition to any other county in which an action on a rejected claim may be commenced, the action may be commenced in the county or city and county wherein the principal place of administration of the trust is located.(c) The creditor shall file a notice of the pendency of the action or the referral to a referee or to arbitration with the court clerk in the trust proceeding, together with proof of giving a copy of the notice to the trustee as provided in Section 1215. Personal service of a copy of the summons and complaint on the trustee is equivalent to the filing and giving of the notice.(d) Any property distributed by the trustee under the terms of the trust after 120 days from the later of the time the notice of rejection is given or the claim is due and before the notice of pendency of action or referral or arbitration is filed and given, excluding therefrom any time during which there is a vacancy in the office of the trustee, is not subject to the claim. Neither the trustee nor the distributee is liable on account of the distribution.(e) The prevailing party in the action shall be awarded court costs and, if the court determines that the prosecution or defense of the action against the prevailing party was unreasonable, the prevailing party shall be awarded reasonable litigation expenses, including attorney’s fees. For the purpose of this subdivision, the prevailing party shall be the trustee if the creditor recovers an amount equal to or less than the amount of the claim allowed by the trustee, and shall be the creditor if the creditor recovers an amount greater than the amount of the claim allowed by the trustee.(Amended by Stats. 2007, Ch. 159, Sec. 28. Effective January 1, 2008.)
CA Prob Code § 19300 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 9 - Claims Established by Judgment|Section 19300.

19300.  (a) Except as provided in Section 19303, after the death of the settlor all money judgments against the deceased settlor on a claim against the deceased settlor or against the trustee on a claim against the decedent or the trust estate are payable in the course of administration and are not enforceable against property in the trust estate of the deceased settlor under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure). (b) Subject to Section 19301, a judgment referred to in subdivision (a) shall be filed in the same manner as other claims.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19301 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 9 - Claims Established by Judgment|Section 19301.

19301.  When a money judgment against a trustee in a representative capacity becomes final, it conclusively establishes the validity of the claim for the amount of the judgment. The judgment shall provide that it is payable out of property in the deceased settlor’s trust estate in the course of administration. An abstract of the judgment shall be filed in the trust administration proceedings.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19302 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 9 - Claims Established by Judgment|Section 19302.

19302.  (a) Notwithstanding the death of the settlor, a judgment for possession of trust property or a judgment for sale of trust property may be enforced under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure). Nothing in this subdivision authorizes enforcement under the Enforcement of Judgments Law against any property in the trust estate of the deceased settlor other than the property described in the judgment for possession or sale. (b) After the death of the settlor, a demand for money that is not satisfied from the trust property described in a judgment for sale of property shall be filed as a claim in the same manner as other claims and is payable in the course of administration.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19303 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 9 - Claims Established by Judgment|Section 19303.

19303.  If trust property of the deceased settlor is subject to an execution lien at the time of the settlor’s death, enforcement against the property may proceed under the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure) to satisfy the judgment. The levying officer, as defined in Section 680.260 of the Code of Civil Procedure, shall account to the trustee for any surplus. If the judgment is not satisfied, the balance of the judgment remaining unsatisfied is payable in the course of administration.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19304 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 9 - Claims Established by Judgment|Section 19304.

19304.  (a) An attachment lien may be converted into a judgment lien on property in the trust estate subject to the attachment lien, with the same priority as the attachment lien, in either of the following cases:(1) Where the judgment debtor dies after entry of judgment in an action in which the property was attached.(2) Where a judgment is entered after the death of the defendant in an action in which the property was attached.(b) To convert the attachment lien into a judgment lien, the levying officer shall, after entry of judgment in the action in which the property was attached and before the expiration of the attachment lien, do one of the following:(1) Serve an abstract of the judgment, and a notice that the attachment lien has become a judgment lien, on the trustee or other person holding property subject to the attachment lien.(2) Record or file in any office where the writ of attachment and notice of attachment are recorded or filed an abstract of the judgment and a notice that the attachment lien has become a judgment lien. If the attached property is real property, the plaintiff or the plaintiff’s attorney may record the required abstract and notice with the same effect as if recorded by the levying officer.(c) After the death of the settlor, any members of the deceased settlor’s family who were supported in whole or in part by the deceased settlor may claim an exemption provided in Section 487.020 of the Code of Civil Procedure for property levied on under the writ of attachment if the right to the exemption exists at the time the exemption is claimed. The trustee may claim the exemption on behalf of members of the deceased settlor’s family. The claim of exemption may be made at any time before the time the abstract and notice are served, recorded, or filed under subdivision (b) with respect to the property claimed to be exempt. The claim of exemption shall be made in the same manner as an exemption is claimed under Section 482.100 of the Code of Civil Procedure.(Amended by Stats. 2007, Ch. 159, Sec. 29. Effective January 1, 2008.)
CA Prob Code § 19320 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 10 - Allocation of Debts Between Trust and Surviving Spouse|Section 19320.

19320.  If it appears that a debt of the deceased settlor has been paid or is payable in whole or in part from property in the deceased settlor’s trust, then the trustee, the surviving spouse, the personal representative, if any, of a deceased settlor’s probate estate, or a beneficiary may petition for an order to allocate the debt.(Amended by Stats. 2015, Ch. 48, Sec. 8. (SB 785) Effective January 1, 2016.)
CA Prob Code § 19321 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 10 - Allocation of Debts Between Trust and Surviving Spouse|Section 19321.

19321.  A petition under Section 19320 shall include a statement of all of the following:(a) All debts of the deceased settlor and surviving spouse known to the petitioner that are alleged to be subject to allocation and whether paid in whole or in part or unpaid. (b) The reason why the debts should be allocated. (c) The proposed allocation and the basis for allocation alleged by the petitioner.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19322 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 10 - Allocation of Debts Between Trust and Surviving Spouse|Section 19322.

19322.  If it appears from the petition under Section 19320 that allocation would be affected by the value of the separate property of the surviving spouse and any community property and quasi-community property not administered in the trust, and if an inventory and appraisal of the property has not been provided by the surviving spouse, the court shall make an order to show cause why the information should not be provided.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19323 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 10 - Allocation of Debts Between Trust and Surviving Spouse|Section 19323.

19323.  (a) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of the hearing and a copy of the petition to be served on the surviving spouse in the manner provided in Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.(b) At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of the time and place of hearing, together with a copy of the petition, to be delivered pursuant to Section 1215 to each of the following persons who are not petitioners:(1) All trustees of the trust and of any trusts to which an allocation of liability may be approved by the court pursuant to the petition.(2) All beneficiaries affected.(3) The personal representative of the deceased settlor’s probate estate, if any is known to the trustee.(4) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General, unless the Attorney General waives notice.(Amended by Stats. 2017, Ch. 319, Sec. 105. (AB 976) Effective January 1, 2018.)
CA Prob Code § 19325 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 10 - Allocation of Debts Between Trust and Surviving Spouse|Section 19325.

19325.  On making a determination as provided in this chapter, the court shall make an order that:(a) Directs the trustee to make payment of the amounts allocated to the trust by payment to the surviving spouse or creditors. (b) Directs the trustee to charge amounts allocated to the surviving spouse against any property or interests of the surviving spouse that are in the possession or control of the trustee. To the extent that property or interests of the surviving spouse in the possession or control of the trustee are insufficient to satisfy the allocation, the court order shall summarily direct the surviving spouse to pay the allocation to the trustee.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19326 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 10 - Allocation of Debts Between Trust and Surviving Spouse|Section 19326.

19326.  Notwithstanding any other statute, funeral expenses and expenses of last illness, in the absence of specific provisions in a will or trust to the contrary, shall be charged against the deceased settlor’s probate estate and thereafter, against the deceased settlor’s share of the trust and shall not be allocated to or charged against, the community share of the surviving spouse, whether or not the surviving spouse is financially able to pay the expenses and whether or not the surviving spouse or any other person is also liable for the expenses.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19330 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 11 - Liability of Settlor s Surviving Spouse|Section 19330.

19330.  If proceedings are commenced under this part for the settlement of claims against the trust, and the time for filing claims has commenced, any action upon the liability of the surviving spouse under Chapter 3 (commencing with Section 13550) is barred to the same extent as provided for claims under this part, except as to the following:(a) Any creditor who commences judicial proceedings to enforce a claim and serves the surviving spouse with the complaint prior to the expiration of the time for filing claims. (b) Any creditor who has or who secures the surviving spouse’s acknowledgment in writing of the liability of the surviving spouse for the claim. (c) Any creditor who files a timely claim in the proceedings for the administration of the estate of the deceased spouse.(Added by Stats. 1991, Ch. 992, Sec. 3.)
CA Prob Code § 19400 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 12 - Distributee Liability|Section 19400.

19400.  Subject to Section 366.2 of the Code of Civil Procedure, if there is no proceeding to administer the probate estate of the deceased settlor, and if the trustee does not file a proposed notice to creditors pursuant to Section 19003 and does not publish notice to creditors pursuant to Chapter 3 (commencing with Section 19040), then a beneficiary of the trust to whom payment, delivery, or transfer of the deceased settlor’s property is made pursuant to the terms of the trust is personally liable, to the extent provided in Section 19402, for the unsecured claims of the creditors of the deceased settlor’s probate estate.(Amended by Stats. 2015, Ch. 48, Sec. 10. (SB 785) Effective January 1, 2016.)
CA Prob Code § 19401 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 12 - Distributee Liability|Section 19401.

19401.  Subject to Section 19402, if the trustee filed a proposed notice to creditors pursuant to Section 19003 and published notice to creditors pursuant to Section 19040, and if the identity of the creditor was known to, or reasonably ascertainable by, the trustee within four months of the first publication of notice pursuant to Section 19040, then a person to whom property is distributed is personally liable for the claim of the creditor, without a claim first having been filed, if all of the following conditions are satisfied:(a) The claim of the creditor was not merely conjectural.(b) Notice to the creditor was not given to the creditor under Chapter 4 (commencing with Section 19050) and neither the creditor nor the attorney representing the creditor in the matter had actual knowledge of the administration of the trust estate sooner than one year after the date of first publication of notice pursuant to Section 19040. (c) The statute of limitations applicable to the claim under Section 366.2 of the Code of Civil Procedure has not expired at the time of commencement of an action under this section.(Amended by Stats. 1992, Ch. 178, Sec. 47. Effective January 1, 1993.)
CA Prob Code § 19402 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 12 - Distributee Liability|Section 19402.

19402.  (a) In any action under this chapter, subject to Section 366.2 of the Code of Civil Procedure, the distributee may assert any defenses, cross-complaints, or setoffs that would have been available to the deceased settlor if the settlor had not died.(b) Personal liability under this chapter is applicable only to the extent the claim of the creditor cannot be satisfied out of the trust estate of the deceased settlor and is limited to a pro rata portion of the claim of the creditor, based on the proportion that the value of the property distributed to the person out of the trust estate bears to the total value of all property distributed to all persons out of the trust estate. Personal liability under this chapter for all claims of all creditors shall not exceed the value of the property distributed to the person out of the trust estate. As used in this chapter, the value of the property is the fair market value of the property on the date of its distribution, less the amount of any liens and encumbrances on the property at that time.(Amended by Stats. 1992, Ch. 178, Sec. 48. Effective January 1, 1993.)
CA Prob Code § 19403 (2021)
2021 California Code|Probate Code - PROB|DIVISION 9 - TRUST LAW|PART 8 - PAYMENT OF CLAIMS, DEBTS, AND EXPENSES FROM REVOCABLE TRUST OF DECEASED SETTLOR|CHAPTER 12 - Distributee Liability|Section 19403.

19403.  Nothing in this chapter affects the rights of a purchaser or encumbrancer of property in good faith and for value from a person who is personally liable under this section.(Amended by Stats. 2004, Ch. 183, Sec. 280. Effective January 1, 2005.)
CA Prob Code § 20100 (2021)
2021 California Code|Probate Code - PROB|DIVISION 10 - PRORATION OF TAXES|CHAPTER 1 - Proration of Estate Taxes|ARTICLE 1 - General Provisions|Section 20100.

20100.  Except where the context otherwise requires, the following definitions shall govern the construction of this chapter:(a) “Estate tax” means a tax imposed by any federal or California estate tax law, now existing or hereafter enacted, and includes interest and penalties on any deficiency.(b) “Person interested in the estate” means any person, including a personal representative, entitled to receive, or who has received, from a decedent while alive or by reason of the death of the decedent any property or interest therein.(c) “Personal representative” includes a guardian, conservator, trustee, or other person charged with the responsibility of paying the estate tax.(d) “Property” means property included in the gross estate for federal estate tax purposes.(e) “Value” means fair market value as determined for federal estate tax purposes.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 20101 (2021)
2021 California Code|Probate Code - PROB|DIVISION 10 - PRORATION OF TAXES|CHAPTER 1 - Proration of Estate Taxes|ARTICLE 1 - General Provisions|Section 20101.

20101.  (a) This chapter does not apply to persons interested in the estate of a decedent who died before January 1, 1987.(b) Notwithstanding the repeal of former Article 4a (commencing with Section 970) of Chapter 15 of Division 3 of the Probate Code by Chapter 783 of the Statutes of 1986, the provisions of that former article remain applicable where the decedent died before January 1, 1987. No inference as to the applicable law in effect before January 1, 1987, shall be drawn from the enactment of this chapter.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 20110 (2021)
2021 California Code|Probate Code - PROB|DIVISION 10 - PRORATION OF TAXES|CHAPTER 1 - Proration of Estate Taxes|ARTICLE 2 - Proration|Section 20110.

20110.  (a) Except as provided in subdivision (b), any estate tax shall be equitably prorated among the persons interested in the estate in the manner prescribed in this article.(b) This section does not apply:(1) To the extent the decedent in a written inter vivos or testamentary instrument disposing of property specifically directs that the property be applied to the satisfaction of an estate tax or that an estate tax be prorated to the property in the manner provided in the instrument. As used in this paragraph, an “instrument disposing of property” includes an instrument that creates an interest in property or an amendment to an instrument that disposes of property or creates an interest in property.(2) Where federal law directs otherwise. If federal law directs the manner of proration of the federal estate tax, the California estate tax shall be prorated in the same manner.(Enacted by Stats. 1990, Ch. 79.)