Legal Question in Wills and Trusts in Florida
my brother and sister are my only heirs, if my brother dies before I do are his heirs entitled to part of my estate?
Asked on 7/01/16, 10:47 am
2 Answers from Attorneys
David Slater
David P. Slater, Esq.
That depends on the wording of your will. Per Capita no, Per stripes, yes.
Answered on 7/01/16, 11:48 am
Have your parents' estate been administered? Is everything now in your's and your sibling's name? Do you have a will? If no will, whatever he is entitled to will pass to his children if he has any (that is what is meant by per stirpes as stated in Mr. Slater's response). There are several factors that could be in play which will determine the answer. I would be happy to answer your questions in more detail via phone if you'd like.
Answered on 7/01/16, 2:34 pm