Frequently Asked Questions (FAQs)
Disqualified Beneficiaries
Who Is a Disqualified Beneficiary?
California law, specifically California probate code sections §§21350-21356, provides that certain transfers (such as gifts made at death by will or trust) are presumed invalid. Subject to certain exceptions, the following are each presumed invalid:
- a gift to the person who drafted the instrument;
- a gift to a “fiduciary” (such as an agent under a power of attorney) who transcribes the instrument (or causes it to be transcribed);
- a gift to a care custodian of a dependent adult,
- a gift to a person related to or associated with any of the foregoing persons.
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