Gift of House to Caregiver, instead of to Family,
Is Upheld by Sonoma County Court
Does an elderly gentleman, with no wife or children, have the right to give his house to his faithful caregiver instead of to his nieces and nephews who ignored him? A Sonoma County Superior Court judge recently ruled in favor of SGS&M's client, the caregiver, and said, 'yes' and threw the family's case out on summary judgment.
Although caregivers are normally considered "disqualified" beneficiaries under California's Probate Code, an exception applies when an independent attorney counsels the decedent about the intended gift and concludes that no undue influence is taking place. When, as in this case, that attorney executes a Certified of Independent Review, confirming no 'hanky panky' was taking place, the gift is valid. The court found that the caregiver had no involvement in the procurement of the will, and didn't even know about the gift until after her client died. The Court also held that a history of depression and a diagnosis of chronic dementia did not mean that the decedent lacked testamentary capacity to make a will. For these reasons, the case was thrown out, as the family offered nothing more than suspicion and speculation to support their case.
