Legal Question in Wills and Trusts in Florida
If a mother leaves an inheritance to her son and does not change it when he dies, does this inheritance pass to his spouse after the mother dies.
Asked on 2/11/11, 7:01 pm
1 Answer from Attorneys
It depends. If the son dies before the mother, then unless a Will provides that it goes to the son's spouse in that situation, it does not go to the son's spouse. If there is no Will, it would go to the issue (children) of the son. If there are no issue, then to other siblings of the son. And on and on till we find a blood relative.
If the mother dies before the son so the son receives the inheritance, without any strings attached, then it goes anywhere the son directs it (subject to certain spousal laws on inheritances).
Answered on 2/11/11, 7:13 pm