What Happens to a Will or Trust if a Beneficiary Dies in California?

If a beneficiary passes before the decedent, you may not know what to do. Luckily, our firm does. Do not wait to reach out to our firm today to discuss the details of your case and your options. Our skilled California estate planning attorneys are prepared to support you and your future.

What is the role of a beneficiary in California?

A beneficiary is a person or an entity that receives the assets of a deceased individual. It is important to take note of the importance of beneficiaries and how large of a role they play in the building blocks of an estate plan, and oftentimes are the reason why an individual will create an estate plan in the first place. Beneficiaries may typically require the help of an attorney to supervise them through the process and protect their rights to certain assets.

However, in some unfortunate cases, a beneficiary may pass away before the testator does, which can result in some confusion for the other parties involved. However, it is important to note that in California, you have options. Do not wait to reach out to one of our experienced California estate planning attorneys today.

What will happen to my will or trust when a beneficiary dies?

The state of California has an anti-lapse law that is put in place in the event that a beneficiary passes away before the decedent. With this statute, the beneficiary’s share of the estate will pass down to the beneficiary’s heirs or issue, rather than reverting back to the decedent’s estate. It is important to note that there are two qualifications for California’s anti-lapse statute. The first is that a beneficiary’s gift can only pass down to the kindred of the decedent, making it so that property can stay within the family. This means that if the decedent left assets to a friend, the friend’s family would not obtain the inheritance. The second requirement is that the decedent’s will can overrule the anti-lapse statute so long as there are explicit instructions to what will happen in the event that the inheritance lapses.

Our firm recognizes that this may be confusing. That is why if you have questions or concerns, our legal team is here to help. Reach out to our firm today to discuss this further and obtain the information you need.

Contact our Firm

Working with an experienced estate planning attorney, such as Jaci Feldman of the Woodland Hills, California, Law Offices of Yacoba Ann Feldman, will ensure that you are taken care of when you need it most. Do not delay. Estate planning is a more urgent matter than you may think. You never know what the future holds. Contact The Law Offices of Yacoba Ann Feldman to schedule a consultation today.

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