Hernandez v. Kieferle

Opinion

MANELLA, J.

In the underlying action, the probate court invalidated an amendment to a trust that made appellant Patricia Claudine Kieferle trustee and sole beneficiary of the trust estate. The probate court ruled that the amendment failed under Probate Code section 21350 et seq., which establishes a rebuttable presumption that testamentary transfers to “care custodians” are the product of fraud, duress, menace or undue influence.1 We conclude that the court erred in failing to apply the exception to the presumption found in section 21351, subdivision (a), where the transferor is…