§ 241 Pre-1985 Inheritance Rules

This rule says that the newer law (Section 240) does not apply to people who died before January 1, 1985; the older law that was in place at the time of their death keeps being used.

Key Takeaways

•Section 240 only works for deaths on or after Jan 1 1985.
•If someone died before that date, the law that existed then still applies.
•This applies to people who die without a will and to those with wills, trusts, or other property transfers.

Example

John died in 1982 without a will. The state’s old inheritance rules from before 1985 decide who gets his stuff, not the newer Section 240 rules.

Because John died before the 1985 cutoff, the court follows the old law that was used at the time of his death, ignoring the newer Section 240.

Section 240 does not apply where the death of the decedent in the case of intestate succession or of the testator, settlor, or other transferor occurred before January 1, 1985, and the law applicable prior to January 1, 1985, shall continue to apply where the death occurred before January 1, 1985. (Enacted by Stats. 1990, Ch. 79.)

This rule says that the newer law (Section 240) does not apply to people who died before January 1, 1985; the older law that was in place at the time of their death keeps being used.

Key Takeaways

•Section 240 only works for deaths on or after Jan 1 1985.
•If someone died before that date, the law that existed then still applies.
•This applies to people who die without a will and to those with wills, trusts, or other property transfers.

Example

John died in 1982 without a will. The state’s old inheritance rules from before 1985 decide who gets his stuff, not the newer Section 240 rules.

Because John died before the 1985 cutoff, the court follows the old law that was used at the time of his death, ignoring the newer Section 240.

Key Takeaways

Example

Key Terms

References

§ 241 Pre-1985 Inheritance Rules

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References