Legal Question in Wills and Trusts in Florida

My brother died a year ago, my father just died, he left money to divide among his children, after he passed away. Does my brother family inherit his part?


Asked on 11/04/15, 7:41 pm

3 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Depends on what the will says if there is a will. You don't mention that in your fact pattern. It is possible that your brother's family may inherit his share even though he predeceased your father. seek some legal guidance with all your paperwork.

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Answered on 11/05/15, 6:10 am
Ronald Jones Ronald A. Jones, PA

Maybe. Depends on father's will, if he had one, and if the property passes under the will (if any): if it passes under pay on death provision or joint ownership with right of survivorship, maybe not, It will also depend on who your brothers "family" is; normally it would NOT include brothers spouse but would include children and descendants. You need to run this past a lawyer with all of the paperwork and facts.

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Answered on 11/05/15, 6:48 am

The attorney handling the probate will be able to answer this question. It depends what is written in the will. Property can pass "per stirpes" which would mean your brother's share could go to his heirs (children); property can pass "per capita" which could mean your brother's share would be divided among the other siblings; or, property can pass via other means. The attorney would need to interpret the will and the facts surrounding your particular situation.

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Answered on 11/06/15, 5:18 am


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