Legal Question in Wills and Trusts in Florida
My estate will go equally to my 3 children. If one should predecease me, it goes to their children. One of my daughters has no children. If she dies before me, does 1/3 of my estate go to her husband?
2 Answers from Attorneys
No. Assuming no Will, if she predeceases you, then her share shall go to your other 2 surviving children. If before your death that daughter has a child, and then that daughter predeceases you, then that daughters share would go to her child.
If you have a Will then you can clearly spell out what you want.
Anything else, please let me know.
No. You can state who you would like to take the share if a child dies before you in your last will and testament. If you have no will, it will go to your heirs at law according to Florida's probate laws, and I cannot say with certainty without knowing if you have a spouse. Florida's law on intestate succession is found in Florida Statutes Chapter 732. In your will, you can also leave specific items to specific people who may be excluded under state law and make funeral or burial instructions, among other things. Also, consider a living will if you don't have one already. You can find the link to a free FL living will on my blog at http://www.floridawillmaker.com. Regards,
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