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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55452
Experience:  29 years of experience practicing law, including tax and estate planning.
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I am an only child,.Calif., and my mother passes on July 1,

Customer Question

I am an only child,.Calif., and my mother passes on July 1, this year, with a will. I am told I am both a beneficiary and an heir. What does that mean?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Richard replied 2 years ago.
Hi there! My name is ***** ***** I look forward to helping you. The California Probate Code defines each as follows: 24. "Beneficiary" means a person to whom a donative transfer of property is made or that person's successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir. (b) As it relates to the testate estate of a decedent, means a devisee. (c) As it relates to a trust, means a person who has any present or future interest, vested or contingent. (d) As it relates to a charitable trust, includes any person entitled to enforce the trust. 44. "Heir" means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. If there had not been a will, you would have been entitled to inherit due to the fact you are a blood relative of your mom. But, whether or not you are an heir, you could be named as a beneficiary by your mom. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). I thank you in advance for taking the time to provide me a positive rating!
Expert:  Richard replied 2 years ago.
I just wanted to let you know that I will be away at a lunch breack for the next hour or so. Should you have a further follow up, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

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