CALIFORNIA FAMILY LAW
...Community Property Issues
......Gifts/Transfers of C/P
.........To Children
8 Cards On This Topic:
  • Mutual gifts of c/p to children permitted; no unilateral gifts.
  • H did not breach his fiduciary duty to W where he merely executed on a mutually agreed upon estate plan in contributing c/p to Cs' college funds and a related life insurance trust.
  • Guidelines for determining whether undisclosed gift to an adult child is a gift or loan after the fact.
  • Funds placed in trust for minor child of parties under CUGMA are divisible c/p absent written consent, written ratification, waiver or estoppel.
  • Only 1/2 of c/p monies deposited into account by H as trustee for third person goes to that person upon death of H. Balance goes to W.
  • Absent written consent, nondonor spouse may void gifts made to parties' children even if s/he had knowledge of gifts.
  • W entitled to set aside gifts H and W made to children, despite having signed notes and gift tax returns, where parties' actions showed lack of donative intent.
  • One spouse may set aside gifts made, without his/her written consent, by other spouse to child during marriage.