Legal Question in Wills and Trusts in California
My question concerns the effect of inheritance disclaimers in California. My full brother recently passed away, and left a pension with no named benficiary which my father will inherit because my full brother had no spouse or children. Our father wants to do a disclaimer so I get the money. My half sister and half brother (through our father) are also willing to disclaim , but my half brother has children and I also have a deceased half sister (thru mother) who has a child. If my Dad disclaims, and my half brother and half sister disclaim, would the pension funds go to me as the surviving sister, or would my half brother's children and deceased half sister's child also be entitled to inherit and have to disclaim as well?
1 Answer from Attorneys
This can get a little complicated. I would first try to get an opinion from the Pension administrator. My concern is whether the disclaimer gives all of the children of your siblings rights to a portion of the pension, including the child of your deceased half-sister. Your father's disclaimer would give shares to all siblings or their issue. I would also advise consulting with an attorney to look at this more closely as these are not easy issues.
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