Trusts and Estates

Ca. Trs. & Estates Quarterly 2019, Volume 25, Issue 2

LITIGATION ALERT

By Jeremiah J. Moffit, Esq.,* Catherine M. Swafford, Esq.,* Matthew R. Owens, Esq.,* and Courtney A. Sorensen, Esq.*

LAPSED RESIDUARY GIFT PASSES TO OTHER RESIDUAL BENEFICIARIES, IF THE ANTI-LAPSE STATUTE DOES NOT APPLY

Estate ofStockird (2018) 30 Cal.App.5th 558

The First District Court of Appeal held a failed residuary gift to a non-family member passed to the other surviving residual beneficiaries, not to the decedent’s estate.

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