State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 3400-3402

PROBATE CODE
SECTION 3400-3402



3400.  (a) As used in this article, "total estate of the minor"
includes both the money and other property belonging to the minor and
the money and other property belonging to the guardianship estate,
if any, of the minor.
   (b) In computing the "total estate of the minor" for the purposes
of this article, all of the following shall be deducted:
   (1) "Custodial property" held pursuant to the California Uniform
Transfers to Minors Act, Part 9 (commencing with Section 3900).
   (2) Any money or property subject to court order pursuant to
subdivision (c) of Section 3602 or Article 2 (commencing with Section
3610) of Chapter 4.


3401.  (a) Where a minor does not have a guardian of the estate,
money or other property belonging to the minor may be paid or
delivered to a parent of the minor entitled to the custody of the
minor to be held in trust for the minor until the minor reaches
majority if the requirements of subdivision (c) are satisfied.
   (b) Where the minor has a guardian of the estate, all the money
and other property belonging to the guardianship estate may be paid
or delivered to a parent entitled to the custody of the minor to be
held in trust for the minor until the minor reaches majority if the
requirements of subdivision (c) are satisfied.
   (c) This section applies only if both of the following
requirements are satisfied:
   (1) The total estate of the minor, including the money and other
property to be paid or delivered to the parent, does not exceed five
thousand dollars ($5,000) in value.
   (2) The parent to whom the money or other property is to be paid
or delivered gives the person making the payment or delivery written
assurance, verified by the oath of such parent, that the total estate
of the minor, including the money or other property to be paid or
delivered to the parent, does not exceed five thousand dollars
($5,000) in value.


3402.  The written receipt of the parent giving the written
assurance under Section 3401 shall be an acquittance of the person
making the payment of money or delivery of other property pursuant to
this article.