Frequently Asked Questions (FAQs)
Disqualified Beneficiaries
Who Is a Disqualified Beneficiary?
California law, specifically California probate code sections §§21350-21356, provides that certain transfers...
Are there any exceptions to this?
Yes. The most important exception is that these presumptions do not apply to beneficiaries who...
Does the presumption that the gift is invalid apply if I don’t pay my care custodian or if my care custodian is a long-time friend?
Yes, according to a recent court decision. The court ruled that the presumption that a gift...
How can I safely leave money to a person who is presumptively disqualified?
The easiest way is to obtain a “Certificate of Independent Review” from an independent attorney.
Can I safely name a disqualified person as my Trustee when I die?
Probate code § 15642 provides that if the Successor Trustee you have named would be a disqualified beneficiary...
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