Legal Question in Wills and Trusts in Florida
Inheritance to my adult children from their father
My ex husband died July 2, 2001 leaving his estate to his wife or his two sons if his wife died before him.
His wife was in a coma on July 2 and died of cancer July 29, 2001. His wife has no children but her will leaves her estate to her niece and stepson. Do my husbands' two sons have any recourse to claim their father's estate? His wife has her own money which should definately go to her niece.
2 Answers from Attorneys
Re: Inheritance to my adult children from their father
Based on what you wrote, I think the estate goes to the "neice and stepson." When Testator (T) died on 7.2.2001, his "wife" was still alive. Thus, 100% of his estate goes to her. When she died on 7.29.2001, her estate goes according to her Will which says "neice and stepson." End of Story. Absent other facts, your "husband's 2 sons" have zero claim to these assets. HCW
Re: Inheritance to my adult children from their father
It is possible your ex-husband's Will included a survivorship clause that defines the period a beneficiary must survive to inherit. Many times this clause will specify a period of 30 days or more which may allow for your sons' to inherit. Without such a survivorship clause, however, it appears from your facts that the second spouse's estate will be entitled to your ex-husband's assets.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
