California Statutes
§ 5021. — 5021. (Added by Stats. 1992, Ch. 51, Sec. 6.)
California·Code PROB Probate Code - PROB·Div. 5. DIVISION 5. NONPROBATE TRANSFERS·Part 1. PART 1. PROVISIONS RELATING TO EFFECT OF DEATH·Ch. 2. CHAPTER 2. Nonprobate Transfers of Community Property·Art. 2. ARTICLE 2. Consent to Nonprobate Transfer
(a)In a proceeding to set aside a nonprobate transfer of community property on death made pursuant to a provision for transfer of the property executed by a married person without the written consent of the person’s spouse, the court shall set aside the transfer as to the nonconsenting spouse’s interest in the property, subject to terms and conditions or other remedies that appear equitable under the circumstances of the case, taking into account the rights of all interested persons.
(b)Nothing in subdivision (a) affects any additional remedy the nonconsenting spouse may have against the person’s estate for a nonprobate transfer of community property on death without the spouse’s written consent.
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California § 5021. (5021. (Added by Stats. 1992, Ch. 51, Sec. 6.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Emard v. Hughes Aircraft Co.
153 F.3d 949 (Ninth Circuit, 1998)
22 Employee Benefits Cas. 1765, 98 Cal. Daily Op. Serv. 6468, 98 Cal. Daily Op. Serv. 6892, 98 Daily Journal D.A.R. 9544, Pens. Plan Guide (Cch) P 23947e Gary Emard v. Hughes Aircraft Company, a Corporation Metropolitan Life Insurance Company, a Corporation Alex Stencel
153 F.3d 949 (Ninth Circuit, 1998)
Legislative History
Added by Stats. 1992, Ch. 51, Sec. 6. Effective January 1, 1993.