Legal Question in Wills and Trusts in Florida
wills
my mother lives in florida and that is where she made her last will.she has three sons.one died a year ago.if she makes no changes in her will does the deceased sons wife and kids receive his 1/3 share of the inheritence.thank you
2 Answers from Attorneys
Re: wills
THIS DEPENDS UPON THE LANGUAGE CONTAINED IN HER WILL. IF THE LANGUAGE STATES THAT THE SHARE OF A CHILD WHO PREDECEASES GOES TO HIS CHILDREN, OR USES THE WORD "ISSUE" (SPOUSES ARE NOT TRADITIONALLY COVERED) THIS SHOULD COVER THE SITUATION. IF THE LANGUAGE SAYS ONLY TO SURVIVING CHILDREN, NO CHILDREN OF A DECEASED CHILD WOULD INHERIT. IF YOU COULD SEND ME A COPY OF THE WILL, I COULD ADVISE YOU BETTER. OR, HAVE THE WILL REVISED TO COVER THIS SITUATION. THIS CAN BE DONE SIMPLY JUST BY DOING A CODICIL (AMENDMENT TO A WILL) CHANGING THE LANGUAGE.
Re: wills
It all depends on how the will was worded. Usually provision is made for such a contingency. Without seeing the will your question cannot be answered.