858.792.5988

Serving San Diego for over 35 Years

Clients, Colleagues, and Friends,

I retired on Dec. 31, 2019, and officially closed my office, after 42 years of practicing law. I thank you all for your confidence in me and your friendship over the years. My colleague David Dufek who has shared the suite with me for the past two years is taking over my practice and will have all client files. Not only will David be taking over the practice, he remains in the suite and is taking over my fax and phone lines. You are free to leave your files with David or pick them up. David's practice like mine includes will, trusts, and probate, as well as personal injury work. He also does landlord - tenant work and debtor - creditor matters including bankruptcy.

I wish you all the best.

Alex

When a caretaker has mom or dad make the caretaker the beneficiary of their estate

See CA Probate Code 21350 et. seq.

California recently passed a new law that clarifies language as to who is considered a caretaker and under what circumstances a transfer from the sick or weak person to their caregiver may be considered fraud, undue influence, duress or menace

The statute is designed to protect people who are weak and elderly, and their family members, from abusive caretakers who try to take advantage.  The prior to law, Probate Code Section 21350, threw out provisions found in wills and trusts and deeds for gifts to caretakers except under certain strict considerations.

Under Section 21380 the new law, the presumption of fraud is limited to gifts given to the caretaker within 90 days before or after the caretaker provides services to the elderly person and applies the rule of presumption of fraud or undue influence to include gifts made to people such as the attorney who drafted the will, unless there is some familial relationship with the elderly person.

If you are concerned your mom or dad is being unduly influenced by a caregiver to leave them an inheritance or you find such a gift was, given to someone who worked for mom and dad for 2 weeks, you should consult with a California probate and trust contest attorney to find out your options. You may be able to contest the will or trust based upon fraud or undue influence under California probate laws.  Since California probate laws are complex, the attorney is the best qualified person to advise whether or not there has been fraud and can recommend legal remedies and options for you to make sure your loved one’s assets are distributed to the rightful heirs and beneficiaries.

For more information or any additional questions, please do not hesitate to contact my office at 858-792-5988.

Sources:

http://law.onecle.com/california/welfare/15610.17.html