Legal Question in Wills and Trusts in California

Can real estate be distributed to a deceased beneficiary of a will?


Asked on 6/01/10, 3:18 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Not to a dead person. This is called "lapse." When a devisee dies after the testator executes hiw will, but before the will becomes effective (the testator, the one who made the will, dies) the gift to that person lapses. I wouldn't be able to tell you what happens now, without reading the will. Some wills have an alternative disposition in the event of death. If there is no alternative disposition, specific, general and demonstrative devises and bequests become the residuary of the estate.

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Answered on 6/01/10, 6:28 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

No. Deceased people can't own real estate. The estate of the deceased beneficiary can receive the distribution, or more acccurately whoever gets the distribution under the original decedent's estate plan, or the deceased beneficiary estate plan.

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Answered on 6/01/10, 6:29 pm


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