CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

California Gold Digging – the California Probate Code Leaves the ‘49er Spirit Intact

Posted on | July 30, 2010 | No Comments

Gold digging may be found in the classic case of the 75 year old man marrying the girl of his dreams – who happens to be 18 years old. But probate litigators know that it can come in much more sinister forms – such as the caregiver who marries late to avoid a loophole in the California probate code – or an unscrupulous friend or neighbor. A very good note by University of San Diego Law School student Ashley E. Rathbun characterizes the highlights and lowlights of California’s lacking statutory scheme. Although she is quite narrow in her scope due to the limitations inherent in drafting such a note, Ms. Rathbun does an excellent job of deconstructing the narrow issue of marriage financial abuse. But those that are disheartened take note – there are plenty of remedies available to a probate litigator that obviate the need for a court judgment to void or make voidable a fraudulent marriage. Hopefully legislators will take note and follow Texas’ new and more sensible statutory scheme – allowing defrauded heirs the ability to void a marriage post-death – and allow the appellate courts the ability to develop a sensible gloss over the statute (badges of haste and secrecy, undue influence factors, etc). A welcome expansion would be the use of California’s broadened definition of who constitutes an elder. You can read the full note here.

Category: Uncategorized
Tags: > > > > > > > > >

Comments

Comments are closed.