When someone is a trusted caregiver for another person, they have considerable influence over them. Unfortunately, some people in this position abuse their power for their gain. Sometimes, caregivers manipulate vulnerable individuals into giving them a large part of their estate after they pass. Because of this, many beneficiaries come to us and ask, Can a caregiver inherit a house? Technically, yes, but the process is more complicated.
At Gokal Law Group, we have spent years helping beneficiaries enforce their probate rights and successfully recovered millions of dollars in settlements and trial verdicts for clients. Here’s what to know about when a caregiver can inherit a house.
Can a Caregiver Inherit a House According to Caregiver Inheritance Laws?
Several precedents have shaped caregiver inheritance laws to specifically protect vulnerable Decedents under the charge of a caregiver.
Per Probate Code section 21380, if anyone is in a position to impose undue influence and suddenly receives a sizable inheritance (e.g., a house) from the creator of the trust or will, that inheritance will be presumed to be the product of fraud or undue influence.
This would constitute a clear conflict of interest. This section of the California Probate Code is key to answering the question, Can a caregiver inherit a house? This statute applies to the following categories of people:
- Anyone who drafted the instrument (will or trust), who transcribed it, or who was in a “fiduciary relationship” with the decedent when the will or trust was transcribed.
- Someone who was a care custodian (i.e. someone who provides health and social services) of a dependent adult and had property transferred to them during the administration of care or within 90 days before or after the last provision of care.
- Someone who recently entered into a relationship, marriage, or cohabitation with the decedent within 90 days of the execution of the instrument.
Because this presumption is triggered in these situations, the burden of proof rests on the caregiver to prove with “clear and convincing evidence” that their receiving this home was not the product of undue influence or fraud.
There are other exceptions to this presumption of undue influence by a caregiver. A caregiver is exempt from this presumption when the caregiver:
- Is related by blood or marriage to the person executing the trust or will.
- Receives a gift from the decedent valued at $5,000 or less.
“Technically, a caregiver can inherit a house, but it is difficult. The law is on your side as an heir if a caregiver has inherited a house from your loved one. The caregiver must provide clear proof that the person leaving it behind to them did so of their own volition.”
– Alison S. Gokal, Partner, Gokal Law Group
Related Article: Caregiver Inheritance Laws: What Can I Do When a Caregiver is a Beneficiary?
Is a Caregiver Stealing from Your Inheritance? We Can Enforce Your Rights.
So, Can a caregiver inherit a house? While caregivers technically can inherit a house from someone they cared for, it is tough to do so, barring specific circumstances. If you are a beneficiary and a caregiver is stealing your inheritance, know that caregiver inheritance laws are on your side. Visit our Contact Page to schedule a free consultation and enforce your rights.
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