Legal Question in Wills and Trusts in Florida

Lapse of Beneficiary share on death
The state is Florida.

My Aunt died in 1988, has a will that names four beneficiaries, and has the following conditions modifying the beneficiary share:

''If any of the named beneficiaries shall die leaving no lineal descendants him or her surviving, then his or her share shall lapse and divided pro rata among the surviving beneficiaries. In the event that a beneficiary shall have predeceased (her) leaving lineal descendants him or her surviving, his or her lineal descendants shall receive his or her share, per stirpes.''

Since her death, two named beneficiaries have died without lineal descendants. Approximately a year after the death of these beneficiaries, my Aunt�s estate received an unanticipated inheritance distribution. Under the above conditions of her will, the beneficiaries who died are not to share in any distribution from this unexpected inheritance, their shares having lapsed, to be divided on a pro rata basis among the remaining surviving beneficiaries.

Is this a correct interpretation of the qualifying provisions concerning the beneficiary share?

Asked on 7/13/08, 8:08 pm

Alicia Santana Torres Santana Torres Law Offices, PL

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Re: Lapse of Beneficiary share on death

That sounds right, although without reading the actual will it is difficult to say. You need to hire an attorney.

Answered on 7/14/08, 10:41 am

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