BARS TO SUCCESSION

Question 1

Bars to Succession Checklist

Answer 1

1. The Slayer Rule
2. Elder Abuse
3. Disclaimer
4. Disinherited Children

Question 2

The Slayer Rule

Answer 2

Under the Slayer Rule, a murderer cannot inherit property from his victim and is treated as having predeceased the victim. Anti-lapse statutes are inapplicable.

Question 3

Elder Abuse

Answer 3

In CA, if there is clear and convincing evidence that an intended beneficiary committed elder abuse, then she cannot inherit from her victim.

Question 4

Disclaimer

Answer 4

A devise is presumed accepted unless a beneficiary fully or partially disclaims. The beneficiary must file a

(1) signed
(2) written disclaimer that
(3) adequately identifies the decedent, disclaimed devise, and extent of the disclaimer
(4) within NINE months of the testator’s death

Question 5

Disinherited Children

Answer 5

A parent may disinherit a child through a valid will.