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By: Scott Grossman on January 31st, 2018

What If a Beneficiary Passes During a California Probate?

From the time that a decedent passes away until the time that administration of the estate is complete, many changes may have occurred. In some unfortunate cases, this may mean the beneficiary passes during probate. As the executor or trustee, you may be wondering what should happen with the deceased beneficiaries’ inheritance when they are no longer alive to receive it. Unfortunately, the answer is not always black and white. Keep on reading to know what questions you should ask yourself as the trustee when a beneficiary passes away.

If you are in the process of administering an estate in California and a beneficiary passes away during that time, ask the following questions:

  1. Does the will or trust address what happens to the beneficiary’s share in the event that he or she predeceases the decedent?
  2. Does the will or trust direct that a beneficiary must outlive a decedent by a certain number of days to receive their inheritance?
  3. Did the deceased beneficiary have a will or trust that directs who is to receive his or her property?
  4. Did the deceased beneficiary leave behind children, parents, or siblings?
  5. Did the beneficiary keep the inheritance in an account that was used equally by both spouses?

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