San Francisco, CA asked in Probate for California

Q: Dad died yeas ago, one gift refused to take the money he had been left (~$5000), then he died . What is status of money

My uncle did not take money because he did not trust the government in China. When he died, his wife also would not take money for the same reason, they had 2 sons, one has died. We do not have any contact with them. My dad died in 1982. We are trying to resolve this issue.

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1 Lawyer Answer
Chris M. Bradford
Chris M. Bradford
  • Probate Lawyer
  • Santa Monica, CA
  • Licensed in California

A: If a beneficiary to a will or trust refused to take a gift given to him or her, it goes back into the "remainder" of the estate. Then the executor of the will or the trustee of the trust reads the will or trust and sees who gets the "remainder" of the estate. The will or trust needs to be taken to an attorney to see how it is worded. It is worth doing this.

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