reglab/housing_qa huggingface dataset:
CA Prob Code § 4770 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.7 - HEALTH CARE DECISIONS|PART 3 - JUDICIAL PROCEEDINGS|CHAPTER 3 - Petitions and Orders|Section 4770.

4770.  The court in its discretion, on a showing of good cause, may issue a temporary order prescribing the health care of the patient until the disposition of the petition filed under Section 4766. If a power of attorney for health care is in effect and a conservator (including a temporary conservator) of the person is appointed for the principal, the court that appoints the conservator in its discretion, on a showing of good cause, may issue a temporary order prescribing the health care of the principal, the order to continue in effect for the period ordered by the court but in no case longer than the period necessary to permit the filing and determination of a petition filed under Section 4766.(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
CA Prob Code § 4771 (2021)
2021 California Code|Probate Code - PROB|DIVISION 4.7 - HEALTH CARE DECISIONS|PART 3 - JUDICIAL PROCEEDINGS|CHAPTER 3 - Petitions and Orders|Section 4771.

4771.  In a proceeding under this part commenced by the filing of a petition by a person other than the agent or surrogate, the court may in its discretion award reasonable attorney’s fees to one of the following:(a) The agent or surrogate, if the court determines that the proceeding was commenced without any reasonable cause.(b) The person commencing the proceeding, if the court determines that the agent or surrogate has clearly violated the duties under the advance health care directive.(Added by Stats. 1999, Ch. 658, Sec. 39. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
CA Prob Code § 5000 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH|CHAPTER 1 - General Provisions|Section 5000.

5000.  (a) A provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, revocable transfer on death deed, marital property agreement, or other written instrument of a similar nature is not invalid because the instrument does not comply with the requirements for execution of a will, and this code does not invalidate the instrument.(b) Included within subdivision (a) are the following:(1) A written provision that moneys or other benefits due to, controlled by, or owned by a decedent before death shall be paid after the decedent’s death to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.(2) A written provision that moneys due or to become due under the instrument shall cease to be payable in the event of the death of the promisee or the promisor before payment or demand.(3) A written provision that any property controlled by or owned by the decedent before death that is the subject of the instrument shall pass to a person whom the decedent designates either in the instrument or in a separate writing, including a will, executed either before or at the same time as the instrument, or later.(c) Nothing in this section limits the rights of creditors under any other law.(Amended by Stats. 2015, Ch. 293, Sec. 8. (AB 139) Effective January 1, 2016.)
CA Prob Code § 5002 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH|CHAPTER 1 - General Provisions|Section 5002.

5002.  Notwithstanding any other provision of this part, a holder of property under an instrument of a type described in Section 5000 is not required to receive, hold, or transfer the property in compliance with a provision for a nonprobate transfer on death executed by a person who has an interest in the property if either (1) the person is not authorized by the terms of the instrument to execute a provision for transfer of the property, or (2) the provision for transfer of the property does not otherwise satisfy the terms of the instrument.(Added by Stats. 1992, Ch. 51, Sec. 4. Effective January 1, 1993.)
CA Prob Code § 5003 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH|CHAPTER 1 - General Provisions|Section 5003.

5003.  (a) A holder of property under an instrument of a type described in Section 5000 may transfer the property in compliance with a provision for a nonprobate transfer on death that satisfies the terms of the instrument, whether or not the transfer is consistent with the beneficial ownership of the property as between the person who executed the provision for transfer of the property and other persons having an interest in the property or their successors, and whether or not the transfer is consistent with the rights of the person named as beneficiary.(b) Except as provided in this subdivision, no notice or other information shown to have been available to the holder of the property affects the right of the holder to the protection provided by subdivision (a). The protection provided by subdivision (a) does not extend to a transfer made after either of the following events:(1) The holder of the property has been served with a contrary court order.(2) The holder of the property has been served with a written notice of a person claiming an adverse interest in the property. However, this paragraph does not apply to a pension plan to the extent the transfer is a periodic payment pursuant to the plan.(c) The protection provided by this section does not affect the rights of the person who executed the provision for transfer of the property and other persons having an interest in the property or their successors in disputes among themselves concerning the beneficial ownership of the property.(d) The protection provided by this section is not exclusive of any protection provided the holder of the property by any other provision of law.(e) A person shall not serve notice under paragraph (2) of subdivision (b) in bad faith. If the court in an action or proceeding relating to the rights of the parties determines that a person has served notice under paragraph (2) of subdivision (b) in bad faith, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the service.(Amended by Stats. 2001, Ch. 417, Sec. 7. Effective January 1, 2002.)
CA Prob Code § 5040 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH|CHAPTER 3 - Nonprobate Transfer to Former Spouse|Section 5040.

5040.  (a) Except as provided in subdivision (b), a nonprobate transfer to the transferor’s former spouse, in an instrument executed by the transferor before or during the marriage or registered domestic partnership, fails if, at the time of the transferor’s death, the former spouse is not the transferor’s surviving spouse as defined in Section 78, as a result of the dissolution or annulment of the marriage or termination of registered domestic partnership. A judgment of legal separation that does not terminate the status of spouses is not a dissolution for purposes of this section.(b) Subdivision (a) does not cause a nonprobate transfer to fail in any of the following cases:(1) The nonprobate transfer is not subject to revocation by the transferor at the time of the transferor’s death.(2) There is clear and convincing evidence that the transferor intended to preserve the nonprobate transfer to the former spouse.(3) A court order that the nonprobate transfer be maintained on behalf of the former spouse is in effect at the time of the transferor’s death.(c) Where a nonprobate transfer fails by operation of this section, the instrument making the nonprobate transfer shall be treated as it would if the former spouse failed to survive the transferor.(d) Nothing in this section affects the rights of a subsequent purchaser or encumbrancer for value in good faith who relies on the apparent failure of a nonprobate transfer under this section or who lacks knowledge of the failure of a nonprobate transfer under this section.(e) As used in this section, “nonprobate transfer” means a provision, other than a provision of a life insurance policy, of either of the following types:(1) A provision of a type described in Section 5000.(2) A provision in an instrument that operates on death, other than a will, conferring a power of appointment or naming a trustee.(Amended by Stats. 2016, Ch. 50, Sec. 83. (SB 1005) Effective January 1, 2017.)
CA Prob Code § 5042 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH|CHAPTER 3 - Nonprobate Transfer to Former Spouse|Section 5042.

5042.  (a) Except as provided in subdivision (b), a joint tenancy between the decedent and the decedent’s former spouse, created before or during the marriage or registered domestic partnership, is severed as to the decedent’s interest if, at the time of the decedent’s death, the former spouse is not the decedent’s surviving spouse as defined in Section 78, as a result of the dissolution or annulment of the marriage or registered domestic partnership. A judgment of legal separation that does not terminate the status of spouses is not a dissolution for purposes of this section.(b) Subdivision (a) does not sever a joint tenancy in either of the following cases:(1) The joint tenancy is not subject to severance by the decedent at the time of the decedent’s death.(2) There is clear and convincing evidence that the decedent intended to preserve the joint tenancy in favor of the former spouse.(c) Nothing in this section affects the rights of a subsequent purchaser or encumbrancer for value in good faith who relies on an apparent severance under this section or who lacks knowledge of a severance under this section.(d) For purposes of this section, property held in “joint tenancy” includes property held as community property with right of survivorship, as described in Section 682.1 of the Civil Code.(Amended by Stats. 2016, Ch. 50, Sec. 84. (SB 1005) Effective January 1, 2017.)
CA Prob Code § 5044 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH|CHAPTER 3 - Nonprobate Transfer to Former Spouse|Section 5044.

5044.  (a) Nothing in this chapter affects the rights of a purchaser or encumbrancer of real property for value who in good faith relies on an affidavit or a declaration under penalty of perjury under the laws of this state that states all of the following:(1) The name of the decedent.(2) The date and place of the decedent’s death.(3) A description of the real property transferred to the affiant or declarant by an instrument making a nonprobate transfer or by operation of joint tenancy survivorship.(4) Either of the following, as appropriate:(A) The affiant or declarant is the surviving spouse of the decedent.(B) The affiant or declarant is not the surviving spouse of the decedent, but the rights of the affiant or declarant to the described property are not affected by Section 5040 or 5042.(b) A person relying on an affidavit or declaration made pursuant to subdivision (a) has no duty to inquire into the truth of the matters stated in the affidavit or declaration.(c) An affidavit or declaration made pursuant to subdivision (a) may be recorded.(Added by renumbering Section 5602 by Stats. 2015, Ch. 293, Sec. 14. (AB 139) Effective January 1, 2016.)
CA Prob Code § 5046 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH|CHAPTER 3 - Nonprobate Transfer to Former Spouse|Section 5046.

5046.  Nothing in this chapter is intended to limit the court’s authority to order a party to a dissolution or annulment of marriage to maintain the former spouse as a beneficiary on any nonprobate transfer described in this chapter, or to preserve a joint tenancy in favor of the former spouse.(Added by renumbering Section 5603 by Stats. 2015, Ch. 293, Sec. 15. (AB 139) Effective January 1, 2016.)
CA Prob Code § 5048 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 1 - PROVISIONS RELATING TO EFFECT OF DEATH|CHAPTER 3 - Nonprobate Transfer to Former Spouse|Section 5048.

5048.  (a) This chapter, formerly Part 4 (commencing with Section 5600), is operative on January 1, 2002.(b) Except as provided in subdivision (c), this chapter applies to an instrument making a nonprobate transfer or creating a joint tenancy whether executed before, on, or after the operative date of this chapter.(c) Sections 5040 and 5042 do not apply, and the applicable law in effect before the operative date of this chapter applies, to an instrument making a nonprobate transfer or creating a joint tenancy in either of the following circumstances:(1) The person making the nonprobate transfer or creating the joint tenancy dies before the operative date of this chapter.(2) The dissolution of marriage or other event that terminates the status of the nonprobate transfer beneficiary or joint tenant as a surviving spouse occurs before the operative date of this chapter.(Added by renumbering Section 5604 by Stats. 2015, Ch. 293, Sec. 16. (AB 139) Effective January 1, 2016.)
CA Prob Code § 5201 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 2 - General Provisions|Section 5201.

5201.  (a) The provisions of Chapter 3 (commencing with Section 5301) concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts.(b) The provisions of Chapter 4 (commencing with Section 5401) govern the liability of financial institutions who make payments pursuant to that chapter.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5202 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 2 - General Provisions|Section 5202.

5202.  Nothing in this part affects the law relating to transfers in fraud of creditors.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5203 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 2 - General Provisions|Section 5203.

5203.  (a) Words in substantially the following form in a signature card, passbook, contract, or instrument evidencing an account, or words to the same effect, executed before, on, or after July 1, 1990, create the following accounts:(1) Joint account: “This account or certificate is owned by the named parties. Upon the death of any of them, ownership passes to the survivor(s).”(2) P.O.D. account with single party: “This account or certificate is owned by the named party. Upon the death of that party, ownership passes to the named pay-on-death payee(s).”(3) P.O.D. account with multiple parties: “This account or certificate is owned by the named parties. Upon the death of any of them, ownership passes to the survivor(s). Upon the death of all of them, ownership passes to the named pay-on-death payee(s).”(4) Joint account of spouses with right of survivorship: “This account or certificate is owned by the named parties, who are spouses, and is presumed to be their community property. Upon the death of either of them, ownership passes to the survivor.”(5) Community property account of spouses: “This account or certificate is the community property of the named parties who are spouses. The ownership during lifetime and after the death of a spouse is determined by the law applicable to community property generally and may be affected by a will.”(6) Tenancy in common account: “This account or certificate is owned by the named parties as tenants in common. Upon the death of any party, the ownership interest of that party passes to the named pay-on-death payee(s) of that party or, if none, to the estate of that party.”(b) Use of the form language provided in this section is not necessary to create an account that is governed by this part. If the contract of deposit creates substantially the same relationship between the parties as an account created using the form language provided in this section, this part applies to the same extent as if the form language had been used.(Amended by Stats. 2016, Ch. 50, Sec. 85. (SB 1005) Effective January 1, 2017.)
CA Prob Code § 5205 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 2 - General Provisions|Section 5205.

5205.  This part applies to accounts in existence on July 1, 1990, and accounts thereafter established.(Enacted by Stats. 1990, Ch. 79.)
CA Prob Code § 5301 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 3 - Ownership Between Parties and Their Creditors and Successors|Section 5301.

5301.  (a) An account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each, unless there is clear and convincing evidence of a different intent.(b) If a party makes an excess withdrawal from an account, the other parties to the account shall have an ownership interest in the excess withdrawal in proportion to the net contributions of each to the amount on deposit in the account immediately following the excess withdrawal, unless there is clear and convincing evidence of a contrary agreement between the parties.(c) Only a living party, or a conservator, guardian, or agent acting on behalf of a living party, shall be permitted to make a claim to recover the living party’s ownership interest in an excess withdrawal, pursuant to subdivision (b). A court may, at its discretion, and in the interest of justice, reduce any recovery under this section to reflect funds withdrawn and applied for the benefit of the claiming party.(d) In the case of a P.O.D. account, the P.O.D. payee has no rights to the sums on deposit during the lifetime of any party, unless there is clear and convincing evidence of a different intent.(e) In the case of a Totten trust account, the beneficiary has no rights to the sums on deposit during the lifetime of any party, unless there is clear and convincing evidence of a different intent. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.(f) For purposes of this section, “excess withdrawal” means the amount of a party’s withdrawal that exceeds that party’s net contribution on deposit in the account immediately preceding the withdrawal.(Amended by Stats. 2012, Ch. 235, Sec. 1. (AB 1624) Effective January 1, 2013.)
CA Prob Code § 5302 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 3 - Ownership Between Parties and Their Creditors and Successors|Section 5302.

5302.  Subject to Section 5040:(a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent unless there is clear and convincing evidence of a different intent. If there are two or more surviving parties, their respective ownerships during lifetime are in proportion to their previous ownership interests under Section 5301 augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before the decedent’s death; and the right of survivorship continues between the surviving parties.(b) If the account is a P.O.D. account:(1) On death of one of two or more parties, the rights to any sums remaining on deposit are governed by subdivision (a).(2) On death of the sole party or of the survivor of two or more parties, (A) any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one or more die before the party, (B) if two or more P.O.D. payees survive, any sums remaining on deposit belong to them in equal and undivided shares unless the terms of the account or deposit agreement expressly provide for different shares, and (C) if two or more P.O.D. payees survive, there is no right of survivorship in the event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.(c) If the account is a Totten trust account:(1) On death of one of two or more trustees, the rights to any sums remaining on deposit are governed by subdivision (a).(2) On death of the sole trustee or the survivor of two or more trustees, (A) any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one or more die before the trustee, unless there is clear and convincing evidence of a different intent, (B) if two or more beneficiaries survive, any sums remaining on deposit belong to them in equal and undivided shares unless the terms of the account or deposit agreement expressly provide for different shares, and (C) if two or more beneficiaries survive, there is no right of survivorship in event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.(d) In other cases, the death of any party to a multiparty account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of the decedent’s estate.(e) A right of survivorship arising from the express terms of the account or under this section, a beneficiary designation in a Totten trust account, or a P.O.D. payee designation, cannot be changed by will.(Amended by Stats. 2015, Ch. 293, Sec. 9. (AB 139) Effective January 1, 2016.)
CA Prob Code § 5303 (2021)
2021 California Code|Probate Code - PROB|DIVISION 5 - NONPROBATE TRANSFERS|PART 2 - MULTIPLE-PARTY ACCOUNTS|CHAPTER 3 - Ownership Between Parties and Their Creditors and Successors|Section 5303.

5303.  (a) The provisions of Section 5302 as to rights of survivorship are determined by the form of the account at the death of a party.(b) Once established, the terms of a multiple-party account can be changed only by any of the following methods:(1) Closing the account and reopening it under different terms.(2) Presenting to the financial institution a modification agreement that is signed by all parties with a present right of withdrawal. If the financial institution has a form for this purpose, it may require use of the form.(3) If the provisions of the terms of the account or deposit agreement provide a method of modification of the terms of the account, complying with those provisions.(4) As provided in subdivision (c) of Section 5405.(c) During the lifetime of a party, the terms of the account may be changed as provided in subdivision (b) to eliminate or to add rights of survivorship. Withdrawal of funds from the account by a party also eliminates rights of survivorship with respect to the funds withdrawn to the extent of the withdrawing party’s net contribution to the account.(Amended by Stats. 2012, Ch. 235, Sec. 2. (AB 1624) Effective January 1, 2013.)