Legal Question in Wills and Trusts in Florida
Executor's Death, Step-father to my father
My father's mother passed away in the winter; she passed on without a will. Because there was no will, the named executor(my father's step-father) was to receive half of the amount of wealth, while my father and his sister receive 1/4.
The executor(father's step-father) recently passed away with dispersing only a small portion of the 1/4.
His half of my father's mother's money will instead move to the step-father's family and dispersed.
The question is not whether my father will receive the rest of his 1/4, but if my father and his sister are entitled to the deceased executor's half of the deceased mother?
the lawyer my family spoke to said that it is not possible to reclaim that 1/2 of my father's mother's money.
1 Answer from Attorneys
Re: Executor's Death, Step-father to my father
The lawyer your family spoke to is correct. Father's step-father's share vested when he survived his wife. His 1/2 interest in her estate now would pass through his estate. No way around it.
But, since he was executor and has now died, someone will need to be appointed to succeed him in running your grandmother's estate. Your father and aunt will have equal preference to serve.
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