Legal Question in Wills and Trusts in California
Simultanious Death of Beneficiary
My Wife and Grandmother both died simultaniously. My Wife and her sister were named in the will to inherite from the grandmother. The estate is all in a living trust. How is the inheritance now distributed since my wife died with her grandmother? California probate law states that if the beneficiary and the decedant die simultanously, the decedant is deemed to have survived the beneficiary.
3 Answers from Attorneys
Re: Simultanious Death of Beneficiary
The terms of the trust prevail. Without looking at the documents, I cannot tell you what the testator's wishes are.
Re: Simultanious Death of Beneficiary
California probate does not apply because the trust does not die, and it will be the terms of the trust that determine the final outcome.
The successor trustee must distribute according to the terms of the trust.
Re: Simultanious Death of Beneficiary
I am very sorry to hear of your loss, especially one where two people are taken away together.
In respects to your question: My esteemed co-counsel are quite correct. The simulateous death statute you describe does not apply in this case because a Probate is not necessary.
This is another benefit of using a Trust in addition to a Will for asset distribution.
To learn more about Trusts, Wills and how to avoid Probate, please visit us online at No-Probate.com.
Our office would be happy to assist you in interpreting the trust and with its proper distribution. Please feel free to contact us to arrange a free consultation.
Again, my deepest condolances.
Scott Linden
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