Legal Question in Wills and Trusts in California

Re: determining whether heir considered pre-deceased

In California, if assets are to be distributed intestate (without a will), an heir must survive the testator by 5 days. The 5-day rule also applies if the will uses the language, "If living" or "who survives me" . However, if a will does not contain that language, a person can take under the will by surviving the testator for one second (the asset would then pass to his heirs or beneficiaries).

Re: determining whether heir considered pre-deceased

Thank you for your question. No time frame is needed for a person to be considered predeceased � even a few seconds will do, provided that the will is silent about this. I hope I have answered your question.

If you have further questions, our firm is willing to assist you. Here are some of the legal services we offer:

** Living Trust-Centered Estate Plans

** Foreign Properties and Clients

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** Special needs structuring for Education, Healthcare, or Disabled care

** Trust Litigation

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** A/B and A/B/C Trusts

** Life Insurance Trusts

** Qualified Domestic Trusts

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** Trust Asset services

** Trust Administration upon a person's death

** Probate services such as Probate Administration, and Settling Will and Trust Disputes

I hope the information above is helpful to you in determining whether we would be able to help you with your needs. I invite you to call anytime, with any questions or concerns that you have, and I hope to hear from you soon.

Sincerely,

Kai H. Wessels

Law Offices of Kai H. Wessels, Esq.

Ten Almaden Boulevard, Suite 1250

San Jose, CA 95113

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NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances.