SECTIONS 350-356 - California Statutes

PROBATE CODE

SECTION 350-356

350. This part may be cited as the Fiduciaries' Wartime
Substitution Law.

351. Unless the provision or context otherwise requires, the
definitions in this article govern the construction of this part.

352. "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.

353. "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.

354. "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.

355. "Original fiduciary" means a fiduciary who is replaced by a
substitute fiduciary or who makes a delegation of power under this
part.

356. 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.