It’s not uncommon for older people to grow very fond of in-home caregivers. If they don’t have family living nearby or their relatives simply aren’t able to provide the kind of help they need on a daily basis, these caregivers can become almost like family.
It’s not unusual for seniors to want to leave their caregiver something in their will or elsewhere in their estate plan. For surviving family members, however, learning that a loved one has left an inheritance – particularly a large one – to a non-relative caregiver can be troubling.
It’s normal to be concerned that a loved one’s caregiver exerted “undue influence” on them to include them in their will, whether by persuasion, deceit or even threat. That concern can be especially serious if the family didn’t know the caregiver well, didn’t know much about their relationship with their loved one or if their loved one made changes to their estate plan shortly before their death. If they were starting to have cognitive issues, they may fear their loved one had no intention of leaving assets to their caregiver.
What does the law say?
Fortunately, California probate law provides protections against caregivers who use fraudulent and illegal means to get part of someone’s estate. The law states that a “donative transfer” is “presumed to be the product of fraud or undue influence…if the instrument was executed during the period in which the care custodian provided services to the transferor, or within 90 days before or after that period.”
That puts the responsibility on the caregiver to prove that the grantor intentionally and knowingly left them an inheritance. This is known as a “rebuttable presumption.”
If your loved one didn’t discuss their plan to leave their caregiver an inheritance or leave any kind of written documentation outside of the estate plan of their intentions, you certainly have a right to ask questions. If they had professional estate planning guidance, they may have discussed it with their representative. Too many people, however, don’t get this help.
If you believe your loved one may have been taken advantage of, it’s smart to get your own legal guidance to determine how best to proceed.