Legal Question in Wills and Trusts in Florida

Re: Will question

You are looking at intestacy statutes. Since there is a will, it prevails (if valid, of course). The property not mentionned will go to the residuary beneficiary.

Re: Will question

Yes, the statute prevails. All property not specifically devised goes under the residuary clause. In this case there is no residuary clause, so the property passes as it there were no will, i.e., in equal shares to the children (I am assuming the "4 adult and 2 minors" you mentioned are decedent's children.).

Re: Will question

It should be irrelevant that the Will failed to mention an asset of the estate. The Will, although perhaps poorly drawn, controls all assets owned by the decedent whether mentioned or not, unless having a specific beneficiary designation (such as a jointly owned asset with right of survivorship or an insurance policy with a named beneficiary). I would interpret this issue as follows: Property specifically mentioned as going to a named beneficiary would be considered as a specific bequest differentiated from unnamed assets that would go to the named residual beneficiary. The executor, unless named as a beneficiary, is not entitled to any assets of the estate.