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By: Scott Grossman on October 13th, 2016

Six Things to Know About Disqualified Beneficiaries in California

A probate litigation lawsuit seeks an heir or beneficiary’s rightful inheritance. Probate litigation is a lawsuit filed by a beneficiary against an executor, administrator, or third party.

Guide to Probate Litigation

In some cases of the California estate administration, beneficiaries or executors seek to disqualify beneficiaries from receiving their share of the 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:

  1. The presumption of disqualification doesn’t apply, to an otherwise ineligible beneficiary, if related to the decedent (within a certain degree).
  2. If the transfer is less than $3,000, there is no presumption of invalid transfer even if the beneficiary is disqualified.
  3. The fact that the care custodian of the decedent was paid for their services doesn’t remove the presumption of being a disqualified beneficiary.
  4. Similarly, the fact that the care custodian had a pre-existing relationship with the decedent doesn’t remove the presumption of being a disqualified beneficiary.
  5. Any disqualified beneficiary under the California probate code is subject to removal by a court if appointed successor trustee.
  6. Any person blood-related or married to a 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, you must contact an experienced probate attorney.

For more information on Probate Litigation take a look at our free resource page Probate Litigation: A Comprehensive Guide For Heirs And Beneficiaries. 

An attorney well versed in this area of the law makes a difference. For additional assistance tailored to your case call us at (888) 443-6590 for a free consultation.