Legal Question in Wills and Trusts in Florida
deceased beneficiary
If a beneficiary on a will is also deceased does that persons assets get divided up between his heirs or only the living benefiociaries listed on a will
2 Answers from Attorneys
Re: deceased beneficiary
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The will in question has to be read in its entirety. Most persons will make their wishes known. If a bequest says "to John Smith" per stirpes, then it is divided among the heirs of his body (children). If just to John Smith then it may revert to the residuary beneficiaries listed in the residuary clause of the will or to other beneficiaries depending on how it was given.
Scott R. Jay, Esq.
Re: deceased beneficiary
If he predeceased the decedent,unless the will says otherwise, his share reverts to the named beneficiedaries in the will.