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California Probate Code Section 259

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(a) Any person shall be deemed to have predeceased a decedent
to the extent provided in subdivision (c) where all of the following
apply:
   (1) It has been proven by clear and convincing evidence that the
person is liable for physical abuse, neglect, or fiduciary abuse of
the decedent, who was an elder or dependent adult.
   (2) The person is found to have acted in bad faith.
   (3) The person has been found to have been reckless, oppressive,
fraudulent, or malicious in the commission of any of these acts upon
the decedent.
   (4) The decedent, at the time those acts occurred and thereafter
until the time of his or her death, has been found to have been
substantially unable to manage his or her financial resources or to
resist fraud or undue influence.
   (b) Any person shall be deemed to have predeceased a decedent to
the extent provided in subdivision (c) if that person has been
convicted of a violation of Section 236 of the Penal Code or any
offense described in Section 368 of the Penal Code.
   (c) Any person found liable under subdivision (a) or convicted
under subdivision (b) shall not (1) receive any property, damages, or
costs that are awarded to the decedent's estate in an action
described in subdivision (a) or (b), whether that person's
entitlement is under a will, a trust, or the laws of intestacy; or
(2) serve as a fiduciary as defined in Section 39, if the instrument
nominating or appointing that person was executed during the period
when the decedent was substantially unable to manage his or her
financial resources or resist fraud or undue influence.  This section
shall not apply to a decedent who, at any time following the act or
acts described in paragraph (1) of subdivision (a), or the act or
acts described in subdivision (b), was substantially able to manage
his or her financial resources and to resist fraud or undue influence
within the meaning of subdivision (b) of Section 1801 of the Probate
Code and subdivision (b) of Section 39 of the Civil Code.
   (d) For purposes of this section, the following definitions shall
apply:
   (1) Physical abuse as defined in Section 15610.63 of the Welfare
and Institutions Code.
   (2) Neglect as defined in Section 15610.57 of the Welfare and
Institutions Code.
   (3) False imprisonment as defined in Section 368 of the Penal
Code.
   (4) Fiduciary abuse as defined in Section 15610.30 of the Welfare
and Institutions Code.
   (e) Nothing in this section shall be construed to prohibit the
severance and transfer of an action or proceeding to a separate civil
action pursuant to Section 801.

Last modified: January 12, 2009