Legal Question in Wills and Trusts in California

If an heir dies before distribution of estate

My great-uncle died in California, intestate and estate is going through probate (date of decease was July 27, 2005). My father, his brother and their aunt and uncle are the heirs to the estate per the California probate laws and my father has received an interim payment already. The estate is expected to be wound up by April 2006, however my father has just been diagnosed with a terminal illness and he may in fact be deceased before that time due to his condition. I am his executor and sole heir (his only child) - is his estate entitled to receive the balance of the funds when probate closes?


Asked on 1/06/06, 6:07 pm

1 Answer from Attorneys
Johanne Amonson Johanne L Amonson, Q.C. Prof Corp

Re: If an heir dies before distribution of estate

The determination of legal entitlement depends on the time of vesting of the interest. If the interest of a beneficiary vests on the death of the donor( the testator) then it does not matter if the beneficiary dies after the date of vesting because the beneficiary's estate is entitled to receive the interest of the first testator.

Read more
Answered on 1/08/06, 7:21 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California