Are There Any Beneficiaries That Are Prohibited?

If you are thinking that you can just leave your estate to just anybody you wish, you might want to think again. There are certain individuals that would be considered prohibited beneficiaries.

One instance of this is an attorney that drafts the will, trust, or other estate instruments for their client. California Probate Code Section 21350, is very specific about this and no transfers can be made to the attorney, their family, or associates except as provided for in Section 21351 of the same code.

Another transferee that is prohibited under this code is a care custodian. Or a person who provides social or health care services to a dependent adult. However, there is an exclusion to this rule. If the care custodian provided those services without remuneration if they had a personal relationship with the dependent adult at least 90 days before providing those services, before the dependent adult was admitted to hospice, or 6 months before the dependent adult's death

Definitions for "dependent adult" are set forth in Section 15610.23 of the Welfare and Institutions Code. Where as definitions for "care custodian" are set forth in that same code in Section 15610.17.

For more information on prohibited beneficiaries contact a professional Estate Planning Attorney.

*This blog entry was not written by an Attorney and should not be constituted as professional legal advice.