QUESTION

Will my daughter get the estate of her grandfather?

Asked on Sep 06th, 2011 on Estate Planning - Arizona
More details to this question:
I am listed as the first beneficiary in my dad's will followed by my wife. If we predecease him, would my daughter (his granddaughter) be next in line? He has three surviving sisters as well. My mom (deceased) had a son by a prior marriage but my dad never adopted him.
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5 ANSWERS

Trusts and Estates Attorney serving Jacksonville, FL
3 Awards
It depends on what is written in the will, if it is silent, in FL it is defaulted to per stirpes and you daughter should inherit, but the document would control if it states otherwise.
Answered on Sep 09th, 2011 at 12:46 PM

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Not necessarily. It would be much better if your father re-did his will and made it explicit that your daughter inherits if you and your wife have pre-deceased him.
Answered on Sep 09th, 2011 at 12:28 PM

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Probate Attorney serving Las Vegas, NV
3 Awards
It depends if the Will requires that you survive and what the terms are in the event that you predecease him. If that issue is not addressed, it may also depend upon the state law where the Will was drafted or where he dies. Without seeing the Will or knowing the answers to the other questions, any response is merely speculation. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.
Answered on Sep 09th, 2011 at 12:15 PM

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Family Law Attorney serving Chandler, AZ
2 Awards
Generally speaking, the will should specify what happens if a listed beneficiary predeceases the Testator. If there is no such guidance, then (again generally) your daughter would have "priority" over the other relatives you mentioned. If it is appropriate for your situation, you might want to suggest that he review and perhaps update his will to give guidance in such a situation so that his wishes can be carried out.
Answered on Sep 09th, 2011 at 11:58 AM

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Glen Edward Ashman
That depends on how the will is worded. See a lawyer to make sure it is properly worded, as it may not turn out the way you expect.
Answered on Sep 09th, 2011 at 11:58 AM

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