Legal Question in Wills and Trusts in Florida

wills and probate

My father left a will naming his 3 children as beneficiaries. Article 1 states all references to ''child, children, or issue'' are to his 3 kids. Under Disposition of Residue, he leaves the remainder equally to his 3 kids who are named, or their ''issue per stirpes''. Then, under general survivorship requirement, it says ''a beneficiary is deemed to survive me if it can be proven that the beneficiary was living 31 days following his death. One child died 4 months before him. Do the surviving children split the residue? The child that died left 2 children. If all mention of issue goes to his 3 named children, then is it just repetitive? Does it mean grandchildren, though not named?


Asked on 6/22/07, 10:46 am

1 Answer from Attorneys
Ronald Jones Ronald A. Jones, PA

Re: wills and probate

To be absolutely sure you'd have to look at the whole will; but at least based on what you've told us the language means that 1/3 would go to each living child, and the 2 grandkids by the deceased child would split the remaining third between them. If your sibling had died two months after your father, then his or her share would have gone to his estate, not directly to the grandkids.

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Answered on 6/22/07, 10:56 am


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