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By: Scott Grossman on July 10th, 2025

Six Things to Know About Disqualified Beneficiaries in California

Table of Contents

  • Key Takeaways
  • What Is a Disqualified Beneficiary?
  • Six Facts About Disqualified Beneficiaries
  • How The Grossman Law Firm Can Help
  • Related Resources
  • FAQ
  • Next Steps

Key Takeaways

  • California law outlines several situations that disqualify someone from inheriting under a will or trust.
  • Disqualified beneficiaries often include care custodians, drafters of the will, and their close relations.
  • Even if disqualified, there are exceptions based on relationship, amount transferred, or court rulings.
  • You can challenge or defend against a disqualification with help from a probate litigation attorney.
  • The Grossman Law Firm helps beneficiaries, executors, and heirs understand disqualification rules and pursue fair outcomes.

Six Things to Know About Disqualified Beneficiaries in California

What Is a Disqualified Beneficiary?

In California probate litigation, a disqualified beneficiary is someone who, under certain legal presumptions, should not receive a gift or inheritance from the decedent’s estate. These rules exist to protect vulnerable individuals, particularly older people, from undue influence by those in positions of trust or power.

Under the California Probate Code, courts will presume certain gifts or inheritances are invalid if made to:

  • Drafters of the will or trust
  • Care custodians
  • People in a fiduciary relationship with the decedent
  • Anyone related by blood, marriage, or domestic partnership to the drafter

However, these presumptions can be challenged or rebutted depending on the facts.

Six Facts About Disqualified Beneficiaries

  1. Family Members Are Often Exempt: The presumption of disqualification does not apply if the otherwise ineligible beneficiary is related to the decedent within a specific degree, typically as a spouse, domestic partner, child, or sibling.
  2. Gifts Under $3,000 Are Exempt: If the value of the transfer is less than $3,000, then the presumption of disqualification does not apply, even if the recipient falls into a disqualified category.
  3. Payment for Services Doesn’t Remove Disqualification: Just because a care custodian received payment for their services does not eliminate the presumption of disqualification. Payment alone isn’t enough to prove the gift was free of undue influence.
  4. Pre-Existing Relationships Don’t Guarantee Eligibility: A long-standing relationship with the decedent before their illness or need for care does not automatically overcome the presumption of undue influence.
  5. Disqualified Beneficiaries Can Be Removed as Trustees: If a disqualified beneficiary is named as a successor trustee, the court has the power to remove them.
  6. Drafters’ Associates Are Also Disqualified: Anyone related to, married to, or working for the person who drafted the will or trust—including domestic partners, cohabitants, and employees—may be disqualified from inheriting under California law.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we focus exclusively on California probate and trust litigation. If you’re dealing with a questionable gift or believe someone should—or should not—inherit under a trust or will, we can help:

  • Evaluate whether a beneficiary is disqualified under the Probate Code
  • File or defend against petitions challenging beneficiary status
  • Litigate cases involving care custodians, drafters, or undue influence
  • Protect your rightful inheritance under California law

Related Resources

FAQ

Q: Can a disqualified beneficiary still challenge the will or trust?

A: Yes. A disqualified person can attempt to rebut the presumption of undue influence, but they must provide clear and convincing evidence to do so.

Q: Who qualifies as a “care custodian”?

A: A care custodian is anyone who provides health or social services to a dependent adult, including professional caregivers and informal helpers.

Q: What if the disqualified beneficiary is the decedent’s close friend?

A: Friendship alone does not defeat the presumption. It would need to show evidence that the gift was not the result of undue influence.

Next Steps

If you’re dealing with a disqualified beneficiary—or wondering if someone should be—don’t leave the outcome of the estate to chance.

Call (888) 443-6590 or fill out our Get Help Now form.

Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduledfor a Free Phone Consultation with Attorney Scott Grossman.