Legal Question in Wills and Trusts in California
What is clear and convincing evidence on ones death in a probate matter..? Also when a survivorship clause reads, "If he doesn't survive me".. Can that mean "Me"> means the will or distributions? Or the testator? Or both..? Thank you
Asked on 3/23/16, 10:10 pm
1 Answer from Attorneys
Scott Jordan
Jordan Law Office
"Clear and convincing evidence" is proof that the person purported to be dead is in fact deceased. The best evidence available is a death certificate.
The survivorship clause means that a named beneficiary must be alive, usually at least 30 days, after the decedent dies, in order to receive the inheritance.
Based on the questions you have asked, I suggest you contact a local probate attorney to review any documents you have and to advise you accordingly.
Answered on 3/24/16, 10:20 am
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