Legal Question in Wills and Trusts in Florida

My mother passed recently.. leaving a trust designating my 2 sisters and I beneficiaries.. executed in 1998.

It also stipulates that each of beneficiaries entitlements will pass "per stirpes" to descendants of the the 3 of us individually and separately form each other.

The issue is.. my sister predeceased my mother 09'.. but also left a child many years back, 40 plus years back, with the mother, of the child's father, and I believe she was either adopted by the grand parent or my sister may have waived any and all parental rights to the child back then, not sure.

But the question is... If so.. Adopted or PR waived.. Does the child have a claim still to the inheritance?

Any and all help much appreciated, old wounds do not need to be reopened or tested if she is not entitled.

JT


Asked on 10/02/15, 10:23 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Per stirpes means by right of representation. the equal shares pass to each branch of the family tree. To answer your specific questions you need to have an attorney review the trust agreement and make inquiry about the child and your sister's action toward the child. The agreement itself has to be reviewed to determine the answers. The adoption of the child by someone else does not mean her rights would be terminated. You would need to review the document to determine if waiver of parental rights acts as a waiver of the per stirpes inheritance.

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Answered on 10/02/15, 10:30 am


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