Legal Question in Wills and Trusts in Florida

Mother had 4 children. Husband and one son deceased before she did. Her will named all 4 children "and heirs, per stirpes". Codicil 3 years after son's death removed deceased son's name only. Is his one heir still a beneficiary or because son's name was removed his heir is also excluded? Probated 2 years ago in Bay County, Florida. No notification by representative to deceased son's heir. Knew phone number and address. Not informed of grandmother's death until six month's later. Believe intentionally. Probate complete, distributions among 3 surviving children complete. Can deceased son's heir still petition the court.


Asked on 10/12/09, 12:33 pm

1 Answer from Attorneys
David Slater David P. Slater, Esq.

If codicil was validly executed, no.

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Answered on 10/12/09, 1:06 pm


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