79. ) Presumption of Fraud or Undue Influence [21360 - 21392] Committed to Public Service. Internet Explorer 11 is no longer supported. California Codes. 620, Sec. 300 Findings and Declaration of Emergency 301 Definitions 301-A Notice of Benefits to Persons in and Persons Enlisting in the State Organized Militia 301-B 79. ) we provide special support Certain groups of people, including caregivers, are considered “prohibited transferees” under the California Probate Code. California state laws including the Business and Profession Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Evidence Code, Family Code, Fish and Game Code, Health and Safety Code, Insurance Code, Labor Code, Penal Code, Probate Code, Revenue and Taxation Code and Vehicle Code. Probate Code - PROB. Dependent: A person dependent for support upon another. 2010, Ch. PROBATE CODE SECTION 21300-21308 21300. 1990, Ch. Stay Connected. California Probate Code Section 21380 CA Prob Code § 21380 (2017) (a) A provision of an instrument making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence: This means that if a caregiver is named as a beneficiary of a Trust or Will, there is a presumption that the Trust or Will was the product of fraud or undue influence. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] CHAPTER 1. Code §21350. For more information, see Probate Code Section 17200. § 21360, Prob. 7. (a) Except as provided in Section 21351, no provision, or provisions, of any instrument shall be valid to make any donative transfer to any of the following: (1) The person who drafted the instrument. Construction of Wills, Trusts, & Other Instruments. All rights reserved. PRESUMPTION OF FRAUD OR UNDUE INFLUENCE (10197) (1-click HTML) CHAPTER 1. Current as of: 2019 | Check for updates | Other versions 21362. Subscribe. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS PART 3.7. Use this page to navigate to all sections within Probate Code. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 7. 2003, Ch. Original Source: PRESUMPTION OF FRAUD OR UNDUE INFLUENCE. California Probate Code Section 21362. 6, 2016 REMOVE ADS. PART 3.7. California Laws - Probate Code DIVISION 11. 620, Sec. Last accessed. This is FindLaw's hosted version of California Code, Probate Code. Expand sections by using the arrow icons. Terms Used In California Probate Code 21362. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS [21101 - 21700] ( Division 11 enacted by Stats. The beneficiary has three years from the date of receiving the trustee’s report to ask the Court to remove the trustee for any causes for removal that might be revealed by the report. 1990, Ch. The definitions in this chapter govern … 2010, Ch. entrepreneurship, we’re lowering the cost of legal services and CA Prob Code § 21362 (2017) (a) “Care custodian” means a person who provides health or social services to a dependent adult, except that “care custodian” does not include a person who provided services without remuneration if the person had a personal relationship with the dependent adult (1) at least 90 days before providing those services, (2) at least six months … Join thousands of people who receive monthly site updates. Before AB 328, California law (in Probate Code sections 21360-21392) generally applied a presumption of undue influence to paid caregivers who received substantial benefits from elders by means of donative transfers from them, including wills, trusts and beneficiary designations. Legislature. Subject to certain exceptions, the following are each presumed invalid: a gift to the person who drafted the instrument; Presumption of Fraud or Undue Influence. Tag: Probate Code Section 21380. (a) A provision of an instrument making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence: (1) The person who drafted the instrument. / Section 21350. Read this complete California Code, Probate Code - PROB § 21360 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 444, Sec. 2010, Ch. Read this complete California Code, Probate Code - PROB § 21380 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system .