Legal Question in Wills and Trusts in Florida
contesting a will
a grandmother dies. one of her children has passed away. her surviving children have her will in probate in volusia county, florida. they are selling her house. do the children of the deceased sibling have any rights? can they contest a will in probate or is there a time restraint on any kind of court action?
3 Answers from Attorneys
Re: contesting a will
In general yes, the children of a deceased sibling generally inherit what the deceased sibling would have inherited if she had not died. Perhaps I can help you.
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Re: contesting a will
It may depend upon the wording of the will and whether the child died before or after the mother died.
Re: contesting a will
The answer depends upon the language of the Will. Some Wills permit the children of a deceased taker to receive what their parent would have received. Some Wills redistribute what the deceased child would have received amoung the remaining children. Without seeing what the actual language said covering this possibility, I cannot provide a specific answer. If you can provide the language, I can try to interpret it.
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