Table of Contents
Key Takeaways
What Does It Mean for a Beneficiary to Be Disqualified?
Who May Be Disqualified From Inheriting in California?
Exceptions to the Disqualification Rules
Why These Rules Exist
Related Resources
FAQ
How The Grossman Law Firm Can Help
Key Takeaways
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In California, certain beneficiaries may be legally disqualified from inheriting, even if they are named in a will or trust.
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Commonly disqualified groups include drafters of documents, fiduciaries who transcribe them, and caregivers of dependent adults.
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If disqualified, the law treats the person as if they predeceased the decedent, and their share passes to contingent beneficiaries or under intestacy.
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The Grossman Law Firm assists heirs and beneficiaries in challenging invalid transfers under California Probate Code §§21380–21386.
What Does It Mean for a Beneficiary to Be Disqualified?
When a beneficiary is disqualified, they lose the right to inherit property from the estate, even if they were named in a will or trust. Under California Probate Code §§21380–21386, a disqualified beneficiary is treated as if they predeceased the decedent. Their share instead passes to a contingent beneficiary, or if none, according to California’s intestacy laws.
At The Grossman Law Firm, Attorney Scott Grossman helps heirs and beneficiaries across California enforce their inheritance rights when disqualification issues arise.
Who May Be Disqualified From Inheriting in California?
California law presumes that certain transfers are invalid. These include transfers to:
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Drafters of the will or trust.
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Fiduciaries who transcribed the document.
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Care custodians of dependent adults.
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Certain relatives, employees, or cohabitants of the above groups.
These rules exist to prevent undue influence or abuse when wills and trusts are created.
Exceptions to the Disqualification Rules
Not every situation results in disqualification. Exceptions may apply if:
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The transferor had independent legal counsel when the will or trust was signed.
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The transfer was made to a close family member.
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Clear and convincing evidence shows the transfer was voluntary and free of undue influence.
Because these rules are narrow and fact-specific, beneficiaries should consult a California probate litigation attorney before moving forward.
Why These Rules Exist
California’s disqualification rules protect vulnerable adults from fraud, coercion, and financial exploitation. By creating a presumption against transfers to those in positions of trust or control, the law helps ensure that estate distributions reflect the decedent’s true intent.
When disputes arise, litigation often focuses on whether the presumption of invalidity applies—or whether an exception can overcome it.
Related Resources
- Petition to Remove an Administrator of an Estate in California
- California Probate Guide: What You Need to Know
- Overview of the California Probate Process
- Can’t Afford a Probate or Trust Attorney?
FAQ
Q: What happens if a beneficiary is disqualified in California?
A: The law treats them as if they predeceased the decedent. Their share passes to contingent beneficiaries or under intestacy.
Q: Can a caregiver ever inherit from a dependent adult?
A: Yes, but only if an exception applies—for example, if the caregiver is a close family member or the decedent had independent legal advice.
Q: Who can challenge a disqualified beneficiary?
A: Heirs, contingent beneficiaries, or other interested parties may bring a claim in probate court.
Q: Does disqualification apply only to wills?
A: No. These rules apply to both wills and trusts in California.
How The Grossman Law Firm Can Help
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. If you believe a beneficiary was improperly named—or if you are defending against a disqualification claim—our team can guide you through the process and protect your inheritance rights.
Call (888) 443-6590 or fill out our Get Help Now form today.
Our Intake Specialists can evaluate your case to assess your situation at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.