Legal Question in Wills and Trusts in Florida

dads will

my dad recently passed away. in his will, he left evrything to me, his son, with the exception of some cash to my half sister. about a year before he died, he sold his house, and gave me most of the proceeds to me to pay off my own mortgage. when he died, he had no cash left. am i reqiured by law to pay my half sister the cash amount specified in his will?


Asked on 9/20/08, 11:19 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: dads will

So, you got it all, except some cash for your sister and don't want to give her anything? Wow.

To answer your question, if the will says, for instance, $25 to Jane and everything else to Bob, then you would need to sell sufficient assets of the estate to raise $25, which would then be paid to Jane and you would get everything else.

If the will says I give $25 to Jane but only if there is $25 in the checking account, then you don't pay Jane anything if there is nothing in the account -- but that would be an unlikely way to word the bequest and I doubt that is what it says.

Share the wealth.

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Answered on 9/21/08, 10:42 am
David Slater David P. Slater, Esq.

Re: dads will

yes

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Answered on 9/21/08, 3:55 pm


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