Legal Question in Wills and Trusts in California

My parents trust lists all three siblings as equal beneficiaries of all property. My brother has stated that he cannot accept any funds from the estate because he is having legal problems with the IRS, etc. Is there a way that he can be removed from being a benefiary? we are stuck because we cannot disburse funds to him. He is trying to get my sister to take the funds on his behalf but this is not a good idea because he is not an upstanding person for many reasons.

Any suggestions would be helpful. My parents lived in California.

Thank you!


Asked on 1/05/10, 7:30 am

1 Answer from Attorneys
Shahram Miri Law Offices of Shahram Miri (408) 866-8382

Yes, your brother may "disclaim" his interest in the trust provided he follows the right procedures. In such case, he would be removed as a beneficiary so to speak and his inheritance would pass to somebody other than him. The trust would spell out exactly who.

However, your brother would permanently lose his interest in the trust, so your sister could not hold it for him.

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Answered on 1/11/10, 4:30 pm


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