Gene L. Osofsky, of the law firm Osofsky & Osofsky, explains how being regarded as a “care custodian” may disqualify a person from being a beneficiary of a testamentary distribution.<\/p>\n
“It might seem counterintuitive,” says Elder Law specialist Osofsky, “but according to a 2006 case decided by the California Supreme Court, being designated as a ‘care custodian’ of a dependent adult, may actually disqualify such persons from receiving testamentary bequests.” Adds Osofsky, “Only if the person making the testamentary bequest engaged a separate attorney to conduct an Independent Review and affirm that the testator was of sound mind and knew what he was doing, could the bequest be upheld.” The law seeks to protect dependent adults from coercive beneficiary disbursements made under duress or as the product of overreaching or undue influence. In certain care settings, California law presumes the naming of a care custodian as a beneficiary of one’s Will or (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Gene L. Osofsky, of the law firm Osofsky & Osofsky, explains how being regarded as a “care custodian” may disqualify a person from being a beneficiary of a testamentary distribution. “It might seem counterintuitive,” says Elder Law specialist Osofsky, “but…<\/span><\/p>\n