Frequently Asked Questions (FAQs)

Disqualified Beneficiaries

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 under the statutes pertaining to gifts, that Trustee is subject to removal by the court. A separate “Certificate of independent review” can also be executed to protect your selection of a Trustee.

The probate code as well as other state codes can be accessed at http://www.leginfo.ca.gov/calaw.html.

“Experience teaches us to be most on our guard to protect liberty when the government's purposes are beneficent.”

- Louis D. Brandeis