Legal Question in Wills and Trusts in California

My sister, brother, and myself are sole heirs to my deceased aunt's estate currently in California probate. My aunt was never married and has no children. My brother is considering disclaiming his inheritance as he is on Medicaid and the inheritance may affect his eligibility. There is nothing in the will to provide for what happens if a beneficiary dies before the decedent. If my brother files a disclaimer for the inheritance will his 1/3 share go to his children or will it go back to the estate to be divided between my sister and I? or go to someone else?


Asked on 2/13/13, 9:25 am

1 Answer from Attorneys
Scott Jordan Jordan Law Office

If, as you say, there is no provision for a predeceased heir, the money will be split amongst you and your sister.

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Answered on 2/13/13, 10:15 am


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