Legal Question in Wills and Trusts in Florida
My grandmother left a will that left her home (her only asset) to her five surviving children (named individually in her will and referred to as her children in her will) to share and share alike with no per stirpes distribution to her grandchildren. My father passed two years after my grandmother and left all of his real estate to me. Do I inherit his fifth of my grandmothers estate or does share and share alike mean his part of her estate is split between her four surviving children named in her will?
3 Answers from Attorneys
The word surviving and no per stirpes means the surviving children are the only beneficiaries.
If your father passed away after the death of your grandmother then he has a one-fifth right to the property and yes you are the owner of one-fifth according to his will.
The actual document needs to be reviewed. The wording of the entire document and the other provisions may be probative. Per Stirpes means the children share if they are alive. They survived the decedent therefore their shares pass to their Estates. Stating that the grandchildren, the heirs of the children, may not get the distribution may actually be violative of the rule against perpetuities. Seek some legal guidance to figure out who shares and how.
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