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Article 1. Short Title And Definitions of California Probate Code >> Division 2. >> Part 11. >> Chapter 1. >> Article 1.
This part may be cited as the Fiduciaries' Wartime
Substitution Law.
Unless the provision or context otherwise requires, the
definitions in this article govern the construction of this part.
"Consultant" means a person, other than a trustee, designated
in a trust to advise or direct the trustee concerning the trust, or
whose consent or approval is required for a purchase, sale, exchange,
or other transaction by the trustee, and includes a settlor who
reserves the power of a consultant.
"Estate" means a trust estate, a decedent's estate, a
guardianship or conservatorship estate, or other property that is the
subject of a donative transfer.
"Interested person" means, in addition to the meaning given
that term in Section 48, a person having a property right in or claim
against a guardianship or conservatorship estate or other estate
that may be affected by the proceeding.
"Original fiduciary" means a fiduciary who is replaced by a
substitute fiduciary or who makes a delegation of power under this
part.
A fiduciary or consultant is engaged in war service for the
purpose of this part in each of the following cases:
(a) Where the person is a member of the armed forces of the United States or like forces of any nation with which the United States is allied or associated in time of war, including all of the following:
(1) Members of the Army, Navy, Marine Corps, Air Force, and Coast Guard.
(2) Members of the Public Health Service detailed by proper authority for duty with the armed forces.
(3) Members of all other organizations or services recognized by the laws of the United States as a part of or auxiliary to the armed forces of the United States.
(b) Where the person has been accepted for and is awaiting induction into the armed forces, or is receiving training or education under government supervision preliminary to induction into any of these forces, in time of war.
(c) Where the person is engaged, outside the 50 states of the United States, in any work in connection with a governmental agency of the United States or with the American Red Cross or any other body with similar objects operating with the approval and sanction of the government of the United States or of any nation with which the United States is allied or associated in time of war.
(d) Where the person is engaged in time of war in service on any ship of United States registry.
(e) Where the person is interned or a prisoner of war in a foreign country or in the United States or any possession or dependency of the United States.
(f) Where the person is absent from the 50 states of the United States and, due to war conditions, is unable to return freely at his or her own volition.
(g) Where the person is engaged in any service in the United States or abroad arising out of or connected with a state of war that the court having jurisdiction of the estate finds prevents the person from giving proper attention to his or her duties.
(a) Where the person is a member of the armed forces of the United States or like forces of any nation with which the United States is allied or associated in time of war, including all of the following:
(1) Members of the Army, Navy, Marine Corps, Air Force, and Coast Guard.
(2) Members of the Public Health Service detailed by proper authority for duty with the armed forces.
(3) Members of all other organizations or services recognized by the laws of the United States as a part of or auxiliary to the armed forces of the United States.
(b) Where the person has been accepted for and is awaiting induction into the armed forces, or is receiving training or education under government supervision preliminary to induction into any of these forces, in time of war.
(c) Where the person is engaged, outside the 50 states of the United States, in any work in connection with a governmental agency of the United States or with the American Red Cross or any other body with similar objects operating with the approval and sanction of the government of the United States or of any nation with which the United States is allied or associated in time of war.
(d) Where the person is engaged in time of war in service on any ship of United States registry.
(e) Where the person is interned or a prisoner of war in a foreign country or in the United States or any possession or dependency of the United States.
(f) Where the person is absent from the 50 states of the United States and, due to war conditions, is unable to return freely at his or her own volition.
(g) Where the person is engaged in any service in the United States or abroad arising out of or connected with a state of war that the court having jurisdiction of the estate finds prevents the person from giving proper attention to his or her duties.
