Legal Question in Wills and Trusts in Florida

Here goes, My dad died in 2010 at the Age of 87 and left his ranch to his 4 childres... His first wife died 25 years ago.. One of his children, (my brother died 15 years ago) His 2nd was was appointed exsecutor of his estate and we have had to reopen his probate.. In FL who gets his share of the Ranch, He has 2 blood children.. So my question is, Does my Brother's 2nd wife get the profits from the sell of the ranch or does it go to his blood children?

It's never easy!

I do not have a lawyer so you can talk to me..

Steve Glendening

Bradenton, FL.

Thanks!


Asked on 5/24/12, 11:32 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Your father's will needs to be reviewed before a proper answer can be given.

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Answered on 5/24/12, 12:06 pm
Lucreita Becude Lucreita D. Becude, P.A.

Depends on what your dad's will states. Could be they get nothing. If you need assistance, please contact my office for an appointment.

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Answered on 5/24/12, 2:18 pm
Richard Kaplan

Your description is a bit confusing. I will assume that your father only had one wife who predeceased him, and your brother had two wives of which one survived the brother and father. Also that your deceased brother was survived by 2 blood children (and never adopted another child).

If the father's Will left it to his 4 children, and one of them died before he did, it probably (but not absolutely) would go to the children of the deceased child (the 2 blood children) and not the wife. However, the Will could direct otherwise and there could be other factors directing differently.

Without a review of the Will and knowing more details, it is impossible to say for sure.

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Answered on 5/28/12, 6:19 am


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