Legal Question in Wills and Trusts in California

Re: Caregivers and Beneficiary

You would want to review Probate Code sections 21350 and 21351. There is no outright prohibition on gifts to care takers, but they are presumed to be the product of fraud or undue influence. The presumption can be overcome by either (i) obtaining an independent review at the time of the gift (i.e. a second opinion), or (ii) by clear and convincing evidence at a trial challenging the will or trust. Although I don't know the answer with certainty, I would presume that if the will was written before the care giver started acting in that capacity, this section would not apply. If the will drafter is concerned, he or she should see an estate planning attorney.

Re: Caregivers and Beneficiary

This is a very interesting question. Basically you're saying because of your relationship with the elder individual to whom you're giving care if that person leaves you anything in there will what their estate, or even gives you anything, can be taken away from you and is that illegal. Then someone sue you. I don't care who answers this question there is not one attorney who can give you an answer upon which you can absolutely rely. First, and utmost, it depends upon the mental as well as physical condition of the person to whom you're giving care. Today at the specific time know what they're doing and are doing it willingly and without undue influence. These cases, numbers of times. People in your position say that they are grateful and what to do something for the person who is giving care. The relatives, heirs and potential beneficiaries say the stranger has no right whatsoever to what they got and have to go to court and prove that, or attempt to stop it before even happens. The variables are too numerous to give you an answer other than, of course it depends upon when the Will is written and when the gift is given that is not the only set of conditions. My best advice you it is if you get in this position you see the advice of a real attorney, in front of you, giving the attorney every bit of information you have and answering all of the questions to the attorney asks. You one attorney who is specialized in estate planning/probate work. Only then then someone attempt to give you an answer or advice specifically geared to you or own situation.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.