Legal Question in Wills and Trusts in Florida
I am the executor of my deceased parents estate. In their will each me and my other 4 siblings were to get $4600 each. Before the money was doled out one of my siblings past away and unfortunately one of her two sons is a major drug addict. In other words, I don't want my parents hard earned money to go to a drug addict. Do I still have to give that money to my deceased sisters estate or can I dole it out equally to my living siblings?
1 Answer from Attorneys
Your responsibility as executor is to distribute the residual estate according to your parents' intent expressed in the will. Did your deceased sibling survive your parents? Does the will require survival of at least 30 days as is expressed in some wills? The beneficiary of the siblings share depends on the term in the will rather than whether in your opinion such share is deserved. If you are in doubt as to the intent of your parents as stated in the will, you may want to discuss the specific provision with a person experienced in interpreting such bequests.