Legal Question in Wills and Trusts in California
determining whether heir considered pre-deceased
If there is no specific language contained in a will, is there a standard time frame in which an heir would be considered to pre-decease the benefactor?
2 Answers from Attorneys
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.
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