Certain Beneficiaries May Be Disqualified Under Probate Law in CA
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Guide to ProbateBeneficiaries may be disqualified despite the deceased leaving behind an otherwise validly executed will. If this is the case, that beneficiary is treated as if they predeceased the decedent, and the contingent beneficiary receives the property instead. For this reason, the transfer of estate assets in California is sometimes challenged by contingent beneficiaries or other parties in a probate litigation action.
California probate law outlines what constitutes why beneficiaries may be disqualified. The law states that certain transfers made at death by will or trust will presume invalid.
These may include transfers to any of the following:
- Transfers to beneficiaries of a will or trust who drafted the instrument, legal document
- Beneficiaries of a will or trust who are also fiduciaries and who transcribed the instrument, legal document
- A transfer to beneficiaries of a will or trust who were the Care Custodians of a dependent adult decedent
- Beneficiaries of a will or trust who are related to or associated with any of the above-described individuals
However, certain exceptions exist to each of the above individual’s classes. Therefore, it is essential to consult with an experienced California estate litigation attorney if you are considering bringing a claim to deem a beneficiary disqualified from receiving the property of an estate. Litigation requires an investment of time and financial resources.
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