CALIFORNIA FAMILY LAW
...Death of a Spouse
......Probate/Inheritance Rights
.........Care Custodian
2 Cards On This Topic:
  • Error not to apply exception to the rebuttable presumption that testamentary transfers to care custodians are the product of fraud, duress, menace or undue influence, where transferor "related by blood or marriage" to transferee.
  • Nothing in statutory scheme or legislative history to warrant judicial creation of an exception to the rule that a spouse [and care custodian] may receive a donative transfer.