My father is one of three brothers. Their sister died and left equal amounts of the entire estate to the three brothers. One of those brothers is my father . He is still alive but he is very sick. If he dies before the the papers are signed what happens. By the way my mom (his wife) has power of attorney for hi. We live in Florida. one additional thing i am not sure if this relates but I read it on the will. It sait If any family , friends or relatives object to this then they shall recieve 1.00 dollar per share per stirpes. not sure if this has anything to do with my question but i just mentioned it just in case.
It depends on what your aunt's Will states. If the Will says to the three brothers "per stirpes," this means that your father's share would go to his heirs. If the Will has language which requires the brothers to survive her, then the devise to your father would lapse. In Florida, a provision in a Will purporting to penalize any interested person for contesting a Will or instituting other proceedings relating to the estate is unenforceable.
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