QUESTION
What happens with a Will when one party dies?
Asked on May 30th, 2014 on Criminal Law - Florida
More details to this question:
Brother/sister and 2 sons are on the Will. The brother dies. What happens to his part of the estate? I am a sister and am not on the Will. Now I'm being asked to get out of my mother's house. Does my brother's part of estate stand? Do the children have a say or do the other parties take over?
1 ANSWER
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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We simply cannot tell you much without seeing the actual will. If a beneficiary in the will dies before the decedent does, the gift to the beneficiary is usually given to that beneficiary's children. But that is only one form of distribution known as per stirpes. A per capita distribution is different. We have to see the will to be able to say which it was.
Answered on May 30th, 2014 at 11:25 AM