In some cases of California estate administration, beneficiaries or executors seek to disqualify beneficiaries from receiving their share of estate. There are several scenarios where a beneficiary would be disqualified. This is outlined in the California probate code. In addition, the following are six facts about disqualified beneficiaries and the estate of a decedent.
Six Facts about disqualified beneficiaries:
- The presumption of disqualification doesn’t apply, to an otherwise ineligible beneficiary, if related to the decedent (within a certain degree).
- If the transfer is less than $3,000, there is no presumption of invalid transfer even if the beneficiary is disqualified.
- The fact that the care custodian of the decedent was paid for their services doesn’t remove presumption of being a disqualified beneficiary.
- Similarly, the fact that the care custodian had a pre-existing relationship with the decedent doesn’t remove presumption of being a disqualified beneficiary.
- Any disqualified beneficiary under the California probate code is subject to removal by court if appointed successor trustee.
- Any person blood related or married to drafter of the will is deemed a disqualified beneficiary. This includes a domestic partner, cohabitant, or employee of the person who drafted the will or trust in question.
In conclusion, if you want to disqualify a beneficiary, it is vital that you contact an experienced San Diego probate attorney. An attorney well versed in this area of the law makes a difference. For assistance in choosing the right legal professional for your case, click here.
Contact an experienced probate attorney in San Diego today. Call (888) 443-6590 for a free consultation.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307