Legal Question in Wills and Trusts in Florida
I realize share and share alike with no per storpes distribution to grandchildren mean her named children are the only beneficiaries before and immediately following ger death. My question is who inherits the priloperty as my grandmother's children pass away following her death. My father and two uncles have passed away after my grandmother's death. Are my aunt and uncle, the only remaining of her five named beneficiaries/children, still the only beneficiaries? All five of her children who are named in her will survived her.
4 Answers from Attorneys
Following her death-the assets in the deceased child's name would be controlled by the deceased child's will or trust.
Yes, only her surviving children inherit.
Since they all survived her, they all would have shared. The share of the deceased child would go to their heirs. My previous answer would have been correct if they predeceased. Sorry for the confusion.
Seek some legal guidance. Per stirpes means that the heirs named in the wheel who survive the decedent would have their share distributed to their own heirs if they pass away after the decedent.