Legal Question in Wills and Trusts in Florida

Re: share and share alike

no

Re: share and share alike

I meant yes. As long as he survived the decedent by 1 second.

Re: share and share alike

Unless your friend's Will required his now deceased son to survive him by a certain number of days, or to the date of distribution, that deceased son's share is part of that son's estate. As such, his wife is entitled to a spouse's share of his estate. If he had no children, and left no will, that means she gets the whole share. A good example of why people should have a Will.

Re: share and share alike

The answer to this question depoends on where the deceased brother lived (and the wife) when he died and the laws of that state. In Florida, unless the will required him to survive dad by a specific time, then when he died, his portion would be controlled by his will. If he has no will, then his wife is entitled to the first (I believe) $50,000 and then a percentage thereafter with his kids sharing in the estate.