What happens when a Beneficiary Kills the Trust Creator, the Settlor? As you can imagine, that’s not a good thing. So you shouldn’t go around killing people. I shouldn’t have to tell you that.
However, if you have a beneficiary who is found to have murdered the settlor, under California law, they are precluded from being able to inherit. It is time to call the Beneficiary Lawyers, Albertson & Davidson, LLP. Their gift is essentially erased from the trust. It doesn’t matter if it’s part of a will, a trust, joint tenancy or life insurance proceeds. All of those things go away IF the beneficiary is found to have murdered the settlor.
Does the Charge have to be a Felony in California?
Here’s the one caveat to that though. It does have to be a felony conviction in California. If a person is convicted of a less serious misdemeanor charge related to the death of the insured or settlor, that isn’t necessarily going to disinherit the person who is guilty of that misdemeanor.
What if Settlor is Guilty of Felony Murder against the Beneficiary?
Any time you have a beneficiary who is guilty of felony murder against the settlor, they’re going to be out of the trust – and rightly so!