§ 21133. — 21133. (Amended by Stats. 2002, Ch. 138, Sec. 34.)

California § 21133.

• Jurisdiction: California
• Code PROB: Probate Code - PROB
• Div. 11.: DIVISION 11. CONSTRUCTION OF WILLS, TRUSTS, AND OTHER INSTRUMENTS
• Part 1.: PART 1. RULES FOR INTERPRETATION OF INSTRUMENTS
• Ch. 3.: CHAPTER 3. Exoneration; Ademption

Text

A recipient of an at-death transfer of a specific gift has a right to the property specifically given, to the extent the property is owned by the transferor at the time the gift takes effect in possession or enjoyment, and all of the following:
(a)
Any balance of the purchase price (together with any security agreement) owing from a purchaser to the transferor at the time the gift takes effect in possession or enjoyment by reason of sale of the property.
(b)
Any amount of an eminent domain award for the taking of the property unpaid at the time the gift takes effect in possession or enjoyment.
(c)
Any proceeds unpaid at the time the gift takes effect in possession or enjoyment on fire or casualty insurance on or other recovery for injury to the property.
(d)
Property owned by the transferor at the time the gift takes effect in possession or enjoyment and acquired as a result of foreclosure, or obtained in lieu of foreclosure, of the security interest for a specifically given obligation.

Legislative History

Amended by Stats. 2002, Ch. 138, Sec. 34. Effective January 1, 2003.