Legal Question in Wills and Trusts in Florida

First, you cannot be the executor of the Trust, it must be the Trustee of a Trust. The Executor, or Personal Representative, is someone appointed by the Probate Court to administer a Will.

Second, to administer a Trust or a Will really needs the direct advice of a qualified attorney. If you make a mistake, you are personally liable.

As to your question, it depends upon the verbage in the Trust. Most likely the answer is no. Typically, when a beneficiary predeceases the decedent, either one of two things happens, the bequest lapses (not normally with close relatives) or it goes to their lineal descendents (children). But the Trust may spell out a different action.

Now if your brother survived the decedent of the Trust so that their interested had vested, then yes it could happen, again depending upon the langague in the Trust. If there is no language, your brothers share could go through Probate for his estate, and his Will would apply (if he has one). Typically those Wills leave everything to a surviving spouse. No Will and Florida's Intestate Laws generally provide a split between surviving spouse and lineal descendents.

So you see why an attorney may be needed.

My colleague is correct. IF you are in the Jacksonville area, contact my office for an appointment.