QUESTION

A question about the wording in a Will and Testament. Does this wording mean that deceased is leaving everything only to her daughter

Asked on Jul 17th, 2013 on Wills and Probate - Florida
More details to this question:
all the rest, residue and remainder of my estate, real, personal and mixed, of whatever kind and character and wherever situated, of which I shall die seized or possessed, or in which at the time of my death I have interest., whether in possesion, reversation, remainder or expectancy, over which I may have the power of testamentary disposition, which I herby excercise, including any proceeds from insurance payable to me or my estate, all in which property is min this, my last will and testament, sometimes called my residuary estate, I hereby give and bequeath to my issue per stirpes. At the present time I have one (2) children, My daughter and my son. I direct that all the items in my home and jewely should go to my husband , and should he not survive me, then I direct that all items in my home and any jewelry go to my daughter . I specially leave nothing to my son.
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2 ANSWERS

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
it appears so, at least under PA law.
Answered on Jul 17th, 2013 at 10:33 PM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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Estate Planning Attorney serving Jacksonville, FL at The Coleman Law Firm, PLLC
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The cardinal principle of Florida law in the interpretation of a will is to ensure that the intention of the will makers is followed. That is made difficult in this will because there are two clauses that apparently are irreconcilable.  The language "I hereby give and bequeath to my issue per stirpes" suggests that the residuary estate is to be divided into equal shares and distributed one share each to the deceased's children.  However, the next statement made in the will is directing that all of the assets of the deceased person be distributed to specifically identified people, and then that is followed by the language specifically disinheriting the deceased son. The general rule of law in Florida is that where there are two clauses that are irreconcilable, the latter clause should prevail, as that is the last statement of the will maker's intent. The quoted language specifically provides that the deceased son is to receive nothing, and that is the last statement made in the will with regard to the distribution of assets.  Accordingly, it is very likely that the court would construe the language of the will to provide for distribution to the deceased's son. If you are the deceased's son, you may want to consult with experienced probate counsel to see if there are options available to you.  However, absent some circumstance beyond what is provided in your question, it is unlikely a court will award the son any of the deceased's estate.
Answered on Jul 17th, 2013 at 5:00 PM

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