Legal Question in Wills and Trusts in Florida
Must a will be probated again?
My wife's father died and his estate was left to care for his wife until she dies. It then goes to her (my wife)and her sister. When their mother dies will the money left for their mother's care have to go through her probate since her father's will was probated and it specifies what was to be done with it. In other words will they have to wait a long time to get a check from the bank handling her father's estate or should they cut one following the funeral?
2 Answers from Attorneys
Re: Must a will be probated again?
It is not a matter of the same will being probated again. Whether your wife gets anything immediately upon her mother's death depends on the language/instructions your father left. For instance, he may have created a trust for the care of his wife with the remainder going to his children immediately upon her death. He may have left his estate to his wife outright with the hope or some "precatory language" that the remainder go to his children. However, if the assets are now his wife's outright, they are now part of HER estate and will have to go through administration independently. There are other possibilities as well.
Re: Must a will be probated again?
Upon proof of her death the assets should go directly to the beneficiaries as per the fathers will. Any assets in the mothers name would need the probate of her will.
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