Michael and Hildegard were married and lived in California. A few years after the marriage, Michael began having heart problems and he was admitted to the hospital several times. He became terrified that he would have to be put in a nursing home. He orally promised Hildegard that if she would “care for [him] in his home, for the duration of his illness,” he would leave to her a substantial amount of property that she would not ordinarily be entitled to inherit on his death. She cared for him, but he never changed his will, and the property went to his daughter by his first marriage. Upon his death, she sued the estate to get the property. The estate argued that there was no consideration for her promise, because under California law spouses owe each other duties of support and care that cannot be disclaimed. Was there consideration for Michael’s promise? Why or why not?
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