Legal Question in Wills and Trusts in Florida
My brother and I are 1/2 and 1/2 heirs to my father's estate. The will states if my brother should die it goes on to his children, however it states nothing about my child.
My brother had the will done with my dad and I think he left this out on purpose and honestly wonder if he wants to "off me"..so that he gets 100%. How do I protect my daughter's inheritance from my dad if I should die?
5 Answers from Attorneys
Speak with your dad to see if this was his intent. There is no other legal avenue as he can leave it to whomever he wants.
I would need to see the will to see the exact language. One of the things to look for is the word "Per stirpes.: This is a phrase used whenever a beneficiary predeceases the person making the will and allows that beneficiaries interest to go to their heirs. On the other hand, your father has every right to exclude you. So, if you really want to know, you need to ask your father.
Ask Dad to see if that is what he wants. If it is, then your daughter does not have a right to inherit from his estate in the event that you die.
Your dad's will should state what he wants, not what your brother wants. Talk to you Dad about what he wants.
Speak to your dad. This could be just a secretarial error when the Will was prepared.
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