Q: A more complicated California probate code 21110 question.

A: You present an interesting question which would require more information to answer. In particular, I do not understand the "Leaving $20,000 + interest from 1987 to his parents when his home changes hands." You should discuss this with a lawyer in detail.

But to make that discussion more efficient, and provide you a bit of general information, L'll assume here that your Brother's will leaves a gift of $20,000 plus interest of some amount to her parents.

First off, if you are in possession of your brothers will, you need to lodge (file) the will with the court in the county in which you brother died within 30 days of the date of death. If you do not, you could later face a claim for damages.

Next, lets say that the will gives a gift to your parents. And, you have told me that your parents per-deceased your brother. You are correct that the anti-lapse statute would effect this.

If the will provides an alternate disposition, this will control. For example, if the will states "$10,000 to my parents if they survive me, but if they do not this gift to lapse." Then the gift will lapse regardless of the anti-lapse statute and become part of the residual estate.

But, if the will provides no alternate disposition, then the anti-lapse statute comes into play.

The basic anti-lapse rule is that if the deceased beneficiary is kindred to the decedent (which includes including adoptive children and the relatives of the decedent's pre-deceased spouse) then the heirs of the deceased beneficiary takes that beneficiariy's share.

The basic rule is modified where the will contains language to the contrary. This not only includes a direction for alternate distribution or lapse in the gift itself, but also can include where the will contains a provision requiring that the beneficiary survive the Decedent for a period of time.

Because the rules of interpretation of wills can become complex, and wills often will have clauses effecting distributions that are not contained in the disposative provisions themselves, you should have a lawyer look at the will. Most county bar associations operate lawyer referral services that provide you with a consultation for a nominal, or no, fee. (In my home county, $35 gets you a 30-minute consultation.)