Legal Question in Wills and Trusts in California
Can real estate be distributed to a deceased beneficiary of a will?
2 Answers from Attorneys
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.
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.