Legal Question in Wills and Trusts in Florida
My step mother has said she is leaving 50% of the proceeds from the sale of her home when she passes to my brother and I. However my brother just passed. Does she need to change her will or will it just go to his wife?
Thanks,
Susan
3 Answers from Attorneys
She needs to see an attorney to figure out what the result will be. It could go to you. It could go to his children. Though possible, it is not likely it will go to his wife (but then it could be written that way).
It depends on the wording of the will.
Obviously it would be best if you could bring her to a legal counsel and get her to change the deed at this time, so that you are "vested" on the title. Short of that, you are subject to many shortcomings, including should she become incapacitated and her guardian neesd to liquidate the home. Assuming the Home is her homestead and she is a Florida resident and she names who is to get the home in her will, then subject to the mortgage on it and any other encumbrances against it, and if she is not remarried (no nuptial contract), and has no minor children, the one she names to get it would then receive the home - Florida has what is called per stirpes distribution, so that if the person named in the Will is a beneficiarry and predeceases her, that decedent's children will receive his/her share and if there are none then it continues down the line or to his/her brothers and sisters, unless the Will specifically says otherwise, or states per capita distribution or "jointly or to the survivor of them".
You should seek legal counsel.