Legal Question in Wills and Trusts in Florida

If the child died after your mother died then the grandchildren are entitled. If the child died before your mother died, then no. IF you need assistance , please contact my office for an appointment.

Assuming that Grandmom died a resident of Florida, and assuming Grandmother was not survived by a spouse (husband) then the split will be one quarter to each living child, and one eighth to the two grandchildren by the deceased child, assuming the deceased child died prior to grandmother. If deceased child died after grandmother died, then it's going to depend on whether deceased child had a will and if she did not have a will, if she was survived by a spouse. See, generally, FS 732.103:

Share of other heirs.�The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:

(1) To the descendants of the decedent.

Grandchildren would be "descendants"; FS 732.104 would govern their share:

732.104 Inheritance per stirpes.�Descent shall be per stirpes, whether to descendants or to collateral heirs

In other words, at the first generation (children of deceased grandmother) there'd be 4 way split; the one deceased child's 1/4 would be split again in half between surviving grandchildren by that deceased child.

Each surviving child gets 25% each, the remaining 25% is divided equally between the children of the deceased child.