What is the Dead Man's Statute?

Question

My father passed away, his wife refused to give his children his estate documents.  I filed a petition with the court and her response stated - "I am aware that; I and my husband, prepared a Revocable Living Trust on or about July 11, 2023.  Shortly  after creating the Trust, my husband,  physically tore the written Trust in half. leaving no  extant copy. My husband told me that he wanted me to receive everything from our estate. My husband told me that he was only enticed to prepare a trust in the first place because his son, who was hassling my husband to prepare one. My husband almost immediately following regretted being told what he should do by Petitioner. I believe this is why my husband physically tore up the Trust." My father created an account in 2021 on trustandwill.com giving me an invitation to view the estate documents, and I have unsigned copies of them, they have separate revocable trusts, not a trust.   
Am I correct in California the Dead Man Statute applies? Caselaw?

James L. Arrasmith · Answer

In California, the Dead Man's Statute, also known as the Evidence Code Section 1261, limits the admissibility of statements made by a deceased person in certain legal proceedings. The statute is designed to protect the estate of a deceased person from fraudulent claims. 
 
Under the Dead Man's Statute, a person cannot testify about any statement made by the deceased person in a civil action or proceeding against the executor or administrator of the deceased person's estate, unless the statement falls under specific exceptions or is corroborated by other evidence. 
 
In your case, the wife's statement about your father tearing up the trust and expressing his desire for her to receive everything from the estate would likely be inadmissible under the Dead Man's Statute unless there is other evidence to corroborate her claim. 
 
However, if you have unsigned copies of separate revocable trusts created by your father in 2021, these documents could potentially serve as evidence to challenge the wife's claim. The existence of these documents, even if unsigned, may indicate your father's true intentions regarding the distribution of his estate. 
 
Relevant case law supporting the application of the Dead Man's Statute in California includes: 
 
1. Estate of Odian (2006) 145 Cal.App.4th 152 
2. Estate of Aiello (1980) 106 Cal.App.3d 669 
3. Estate of Ziegler (2010) 187 Cal.App.4th 1357 
 
It is essential to consult with an experienced probate attorney in California who can review the specific facts of your case and provide guidance on how to proceed. They can help you determine the admissibility of evidence and develop a strategy to protect your rights as a beneficiary of your father's estate.

Q: What is the Dead Man's Statute?