Estate of JOSEPH CLEMENTI, JR., Deceased. SALVATORE CHIMENTE et al., Contestants and Appellants, v. RICHARD E. WEISZ et al., Objectors and Respondents
166 Cal. App. 4th 375 · G039223
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that the exemption to the statutory prohibition on donative transfers to an instrument’s drafter, codified in Probate Code section 21351, subdivision (i), applies to a will executed outside California by a nonresident transferor, regardless of whether the transferor later becomes a California resident prior to death.
Statutes construed
- PROB § 21350
Cited by (2)
- BOYS AND GIRLS CLUB OF PETALUMA et al., Plaintiffs and Respondents, v. JAMES J. WALSH, as Cotrustee, etc., et al., Defendants and Appellants (2008) 169 Cal. App. 4th 1049
- Estate of STANLEY WADE KELLY, Deceased. E. GEORGE KELLY, as Administrator, etc., Petitioner and Appellant, v. HUMAN RIGHTS CAMPAIGN, INC., Claimant and Respondent (2009) 172 Cal. App. 4th 1367
Authorities cited (5)
- Estate of ETHEL C. QUINN, Deceased. EDMUND G. BROWN, as Attorney General, etc., Appellant, v. PRESTON HATCH, as Administrator, etc., et al., Respondents 156 Cal.App.2d 684
- Estate of WILMER BREEDEN, Deceased. PETER NEU et al., Petitioners and Appellants, v. MILTON LESSNER, as Cotrustee, etc., Objector and Respondent 208 Cal.App.3d 981
- Estate of LEO HEIL, Deceased. AMERICAN HORSE PROTECTION ASSOCIATION, INC., et al., Plaintiffs and Appellants, v. THE STATE OF NEVADA, as Trustee, etc., Defendant and Respondent; AMERICAN HORSE PROTECTION ASSOCIATION, INC., et al., Plaintiffs and Appellants, v. THE STATE OF NEVADA, as Trustee, etc., Defendant and Respondent 210 Cal.App.3d 1503
- SIMONA OSORNIO, Plaintiff and Appellant, v. LAWRENCE A. WEINGARTEN, as Personal Representative, etc., Defendant and Respondent 124 Cal.App.4th 304
- Rice v. Clark 28 Cal.4th 89