Legal Question in Wills and Trusts in Florida

Father's will

Dad left a simple will to divide equally his home, land and everything therein between my brother. He left 5,000 each to my neices of my deceased sister. In his checking, he only has enought to pay them 3,000 each. Will they have to settle for that amount?


Asked on 9/27/08, 11:16 am

3 Answers from Attorneys

Robert Roemer Robert Roemer

Re: Father's will

That depends on how the Will was written. There is a difference between a specific request (i leave 3000 to a, b and c) and a remainder bequest (i leave the rest to d) An attorney should review the Will to be able to tell you who has the priority which will answer whether your neices get three thousand or five.

There is also a difference if the money was left by way of designation of beneficiary to a specific bank account.

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Answered on 9/27/08, 11:33 am
David Slater David P. Slater, Esq.

Re: Father's will

From the information you have given, they are entitled to the full amount from the estate

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Answered on 9/27/08, 7:33 pm
Diane Downs DMD Law, P.A.

Re: Father's will

It depends on how the will is worded, but it could be that some of the estate may have to be sold so that each could get the $5,000 your dad left them.

An attorney will be able to tell after reviewing the will.

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Answered on 9/29/08, 8:04 am


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