Including the Caregiver in a Will or Trust

This video features Vincent Casiano, an Estate Planning attorney based in California.

California Estate Planning Lawyer Explains the Prohibited Transferee Statute

Video Transcript:

Rob Rosenthal: 

Is it possible to leave a caretaker or a caregiver a cash gift in a will or trust? Let's ask California lawyer, Vinny Casiano for an Ask The Lawyers quick question.

Vinny Casiano: 

The real question is, if they do it, is it a valid gift? We have a statute in California called the Prohibited Transferee statute. It depends on what was your relationship. Were you related to the person, were you not? Did you marry them? Even if you married them, if you were a caregiver before you married them, how long did they live? There is a thing called the certificate of independent review where if you are one of these people that's considered a prohibited transferee and you have an independent attorney certify that you don't believe that that person was unduly influenced to create that document, then the presumption is taken away. So what this prohibited transferee statute does is it doesn't say, "Oh, no, no, you can't have it," it's presumed that the person that's getting that gift as a prohibited transferee unduly influenced the person to get it. And there are ways that you can get around that if you are one of those people in that category.

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