THE ATTORNEY'S CORNER: PERSONS DISQUALIFIED FROM RECEIVING GIFTS

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“Articles Concerning Trusts, Wills, Probate, Family Law & more”

By: Stephen C. Ross, Esq.

March 9, 2015 (San Diego County) – The California Probate Code invalidates gifts to certain categories of people unless one of the exceptions applies. The Code mentions categories of people, considered “disqualified persons,” who are presumed to be disqualified from receiving donative transfers (written gifts).

“Disqualified persons” include the person who drafted the will or any person in a fiduciary relationship with the transferor, including a trustee or conservator, who transcribed the instrument or caused it to be transcribed. “Transcribed” means the physical act of handwriting or typing the document.

Other “disqualified persons” include: 1. People related by blood or marriage to, a domestic partner of, employee of or cohabitant of the person who drafted the will; 2. People with an ownership interest in, or employed by, the drafter’s law firm; 3. Care custodians of the dependent adult who is the transferor; and, 4. A care custodian’s spouse, certain relatives, domestic partner, cohabitants and employees. There are exceptions to the disqualified person definition.

Stephen represents estate planning, trust, will, probate, trust administration, business formation, stepparent adoption and family law matters. He conducts estate planning and probate seminars throughout San Diego County. For more information or to schedule a seminar contact Stephen at (619) 795-8524, stephen@stephenrosslaw.com or visit www.stephenrosslaw.com.

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