§ 102 Spousal Property Restoration Rights

(a) The decedent’s surviving spouse may require the transferee of property in which the surviving spouse had an expectancy under Section 101 at the time of the transfer to restore to the decedent’s estate one-half of the property if the transferee retains the property or, if not, one-half of its proceeds or, if none, one-half of its value at the time of transfer, if all of the following requirements are satisfied: (1) The decedent died domiciled in this state. (2) The decedent made a transfer of the property to a person other than the surviving spouse without receiving in exchange a consideration of substantial value and without the written consent or joinder of the surviving spouse. (3) The transfer is any of the following types: (A) A transfer under which the decedent retained at the time of death the possession or enjoyment of, or the right to income from, the property. (B) A transfer to the extent that the decedent retained at the time of death a power, either alone or in conjunction with any other person, to revoke or to consume, invade, or dispose of the principal for the decedent’s own benefit. (C) A transfer whereby property is held at the time of the decedent’s death by the decedent and another with right of survivorship. (b) Nothing in this section requires a transferee to restore to the decedent’s estate any life insurance, accident insurance, joint annuity, or pension payable to a person other than the surviving spouse. (c) All property restored to the decedent’s estate under this section belongs to the surviving spouse pursuant to Section 101 as though the transfer had not been made. (Enacted by Stats. 1990, Ch. 79.)