California Code of Regulations
Title 18 - Public Revenues
Division 2.5 - State Controller
Chapter 2 - Gift Tax
Article 1 - Definitions
Section 15104.13 - Transfers by or for Mental Incompetents

Universal Citation: 18 CA Code of Regs 15104.13
Current through Register 2024 Notice Reg. No. 12, March 22, 2024

A transfer or payment without an adequate and full consideration in money or money's worth pursuant to an order, decree, or judgment of a court of law of property or funds owned by a mentally incompetent person will be treated as a gift from the incompetent, unless the transfer or payment is made for the maintenance of a person for whose support the incompetent is legally responsible. If the transfer or payment is not made to a person for whose support the incompetent is legally responsible, or is made to such a person in an amount more than sufficient for his maintenance, the transfer or payment, or the excess thereof over an amount reasonably necessary for maintenance, constitutes a gift from the incompetent.

NOTE: Reference: Section 15104, Revenue and Taxation Code.

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