California Probate Code

§ 3605

PROB § 3605 Effective Sep 22, 2012Div. 4 · Part 8 · Ch. 4 · Art. 1

Statute text

(a)This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993.

(b)While the special needs trust is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state is tolled. Notwithstanding any provision in the trust instrument, at the death of the special needs trust beneficiary or on termination of the trust, the trust property is subject to claims of the State Department of Health Care Services, the State Department of State Hospitals, the State Department of Developmental Services, and any county or city and county in this state to the extent authorized by law as if the trust property is owned by the beneficiary or is part of the beneficiary’s estate.

(c)At the death of the special needs trust beneficiary or on termination of the trust, the trustee shall give notice of the beneficiary’s death or the trust termination, in the manner provided in Section 1215, to all of the following:

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Legislative history

Amended by Stats. 2012, Ch. 440, Sec. 56. (AB 1488) Effective September 22, 2012.