Austin v. Simpson

Probate Code section 21350 invalidates certain donative transfers from a dependent adult to his or her care custodian for the protection of the dependent adult. Pursuant to that section, appellant sought to invalidate gifts given by decedent to respondent. The trial court concluded appellant failed to prove respondent was decedent’s care custodian, and held the gifts were valid. Substantial evidence supports the trial court’s findings, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant, Dawn Maree Austin (Dawn), the daughter of decedent, Donald Richard Austin (Donald), apparently petitioned to be appointed the personal representative of Donald’s estate. Respondent, Debra Simpson (Debra), who is the daughter of Donald’s former wife, filed an objection to that petition. The trial court ordered the public administrator to administer the estate. Questions arose regarding whether certain gifts Donald gave to Debra in the form of checks were invalid pursuant to provisions of the Probate Code. Debra turned over the funds from the checks to the public administrator pursuant to court order. The court conducted a trial and determined the gifts to Debra were valid. Dawn…