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By: Scott Grossman on September 15th, 2016

Certain Beneficiaries May Be Disqualified Under Probate Law in CA

Despite the deceased leaving behind an otherwise validly executed will, beneficiaries may be disqualified. If this is the case, that beneficiary is treated as if he or she predeceased the decedent and the contingent beneficiary receives the property instead. For this reason, the transfer of estate assets in California are sometimes challenged in a probate litigation action by contingent beneficiaries or other parties.

California probate law outlines what constitutes why beneficiaries may be disqualified. The law states that certain transfers made at death by will or trust will presume invalid.

These may include transfers to any of the following:

  1. Transfers to beneficiaries of a will or trust who drafted the instrument
  2. Beneficiaries of a will or trust who are also fiduciaries and who transcribed the instrument
  3. A transfer to beneficiaries of a will or trust who were the care custodians of a dependent adult decedent
  4. Beneficiaries of a will or trust who are related to or associated with any of the above-described individuals

There are certain exceptions to each of the above classes of individuals, however. Therefore, it is important to consult with an experienced California estate litigation attorney if you are considering bringing a claim to deem a beneficiary disqualified from receiving the property of an estate. Litigation requires an investment of time and financial resources.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.