California Probate Code 21117 – At-death transfers are classified as follows:(a) A specific gift …
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At-death transfers are classified as follows:
(a) A specific gift is a transfer of specifically identifiable property.
Terms Used In California Probate Code 21117
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Transferor: means the testator, settlor, grantor, owner, or other person who executes an instrument. See California Probate Code 81
(b) A general gift is a transfer from the general assets of the transferor that does not give specific property.
(c) A demonstrative gift is a general gift that specifies the fund or property from which the transfer is primarily to be made.
(d) A general pecuniary gift is a pecuniary gift within the meaning of Section 21118.
(e) An annuity is a general pecuniary gift that is payable periodically.
(f) A residuary gift is a transfer of property that remains after all specific and general gifts have been satisfied.
(Amended by Stats. 2002, Ch. 138, Sec. 26. Effective January 1, 2003.)