Legal Question in Wills and Trusts in Florida
Estates and wills??
A son passes prior to mother. Mother later passes and has left inheritance to her three sons. One having passed prior. Do the siblings of the deceases son have any right to the inheritance? One of the siblings is the executrex to the deceased estates. Deceased mother lived in Florida and deceased son lived in New Jersey.
3 Answers from Attorneys
Re: Estates and wills??
normally, no but would have to read will.
Re: Estates and wills??
It depends upon language of the Will. What does the Will say about a child that has predeceased, if anything? Traditionally, a Will provides that if a child has predeceased a parent, but has survivng children who have survived the decedent, the children take the deceased child's share. Some Wills provide that only the surviving chidren of the decedent inherit. If I had a copy of the Will I could interpret the language.
Re: Estates and wills??
It depends on what the will says. Frequently there will be a provision that if one of the kids dies, his share would go to his children. If that is not provided for in the will, though, then only the living kids inherit. Check the will.
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