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3812 Under the Probate Code, a person who abused a deceased elder is deemed to have predeceased the elder, so an action against the abuser can be brought by a person designated by the decedent to succeed the abuser as the decedent's personal representative and to receive the abuser's share of the estate in the event the abuser predeceased the decedent.
Est of LOWRIE v LOWRIE (Elder Abuse Standing) 118 CA4 220 [See: W&IC 15600 etseq; ProbC 259; Delaney v Baker 20 C4 23, T/AT 4/99; Covenant v Superior Court 32 C4 771, T/AT 5/04]
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