Legal Question in Wills and Trusts in Florida

If you are in your fathers will and your spouse is not, if something happened to one of the people in the will, would the spouse of that person get what was suppose to go to the other person that died?


Asked on 6/21/12, 7:14 pm

3 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Only if the testator, your father, gives the property to your spouse if she survives you, does

she qualify as a beneficiary. If the will only mentions you but does not mention your

spouse or your children, if you do not survive your father, then you, your spouse, and your

children are not beneficiaries.

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Answered on 6/21/12, 7:29 pm

No, not unless the Will says so.

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Answered on 6/21/12, 8:02 pm
Marc J. Soss Marc J. Soss, Esquire

The terms of the Will dictates who inherits upon death. Unless it specifically states that it goes to a beneficiaries spouse, if they predecease, it will not pass to them.

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Answered on 6/24/12, 11:18 am


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