California: An Anti-Lapse State
When writing your will, a good idea is to figure out where you’d like the gift to go if the person you designated as the beneficiary happens to die before you do. If this happens that gift is deemed to have lapsed and that gift goes back to the residual estate.
However, most states, including California, have what are called anti-lapse statutes. In California, this statute states that if the beneficiary is related by blood to the testator or testator’s spouse then the descendants of the deceased beneficiary will inherit the gift in their place, unless the will provides for a contingent beneficiary.
Keep in mind this statute only applies to blood relatives. If you leave a gift to your best friend and he or she predeceases you, that gift will lapse and be absorbed back into your estate.
Consult with a professional Estate Planning Lawyer who can give your the best advice on how to construct your will and other estate planning documents.
*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.