Sunday, June 21, 2009





(a) A person who feloniously and intentionally kills the decedent is not entitled to any of the following:

(1) Any property, interest, or benefit under a will of thedecedent, or a trust created by or for the benefit of the decedent orin which the decedent has an interest, including any general orspecial power of appointment conferred by the will or trust on thekiller and any nomination of the killer as executor, trustee,guardian, or conservator or custodian made by the will or trust.

(2) Any property of the decedent by intestate succession.

(3) Any of the decedent's quasi-community property the killerwould otherwise acquire under Section 101 or 102 upon the death ofthe decedent.

(4) Any property of the decedent under Part 5 (commencing withSection 5700) of Division 5.

(5) Any property of the decedent under Part 3 (commencing withSection 6500) of Division 6.

(b) In the cases covered by subdivision (a):

(1) The property interest or benefit referred to in paragraph (1)of subdivision (a) passes as if the killer had predeceased thedecedent and Section 21110 does not apply.

(2) Any property interest or benefit referred to in paragraph (1)of subdivision (a) which passes under a power of appointment and byreason of the death of the decedent passes as if the killer hadpredeceased the decedent, and Section 673 not apply.

(3) Any nomination in a will or trust of the killer as executor,trustee, guardian, conservator, or custodian which becomes effectiveas a result of the death of the decedent shall be interpreted as ifthe killer had predeceased the decedent.

1 comment:

  1. Sections 250 - 258 are fairly common sense, but Section 259 goes over the top. Anyone who is accused of or even pleads to the most minor neglect is going to be disinherited by means of being declared 'predeceased' by the Probate Court. This is wrong! Older children often work under almost impossible stress and with little or no help to care for their parents at home, and a call from a jealous or suspicious family member can bring everything down, so that they end up impoverished and disinherited. There are publicity campaigns, paid for by lobbyists and special interests, trying to get these laws passed so that more elders can be forced from their homes and into institutionalized care, where they are alienated and held as captives. The latest effort in early 2012 is to repeal the LPS so that people can be held indefinitely, or placed under programs much like a perpetual probation program, which they or their parents or guardians are obligated to pay for. The excuse is that we have to get the mentally disabled off the street for their own good, and I can guarantee you that this law will be used to entrap many people who do not need a guardianship or conservator. Beware!