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.