The distributions of assets in a probate estate in Florida, if the designated beneficiary dies prior to the death of the will maker, depends on the type of interest the deceased beneficiary was given through the will. If the distribution to the deceased beneficiary was "per stirpes," then the distribution will be to the childrend of the deceased beneficiary in equal shares for each of the descendants, or their heirs.
If the distribution to the deceased beneficiary was dependent on the deceased beneficiary surviving the decedent who signed the will, then the deceased beneficiary's interest will lapse, and the assets that are the subject of that distribution will be distributed as otherwise provided in the will. If the will does not otherwise provide for the distribution of assets when the beneficiary dies, then most probably the distribution will be to the legal heirs of the person who created the will. In Florida, the legal heirs are determined by the intestacy statute, which is Chapter 732, Florida Statutes.
There may be other factors that might change the distribution of the assets. For instance, if the will contains a "power of appointment" to one or more people, those persons appointed may have the power to cause the assets to be distributed to other persons not even named in the will.
All of the distribution discussion above, is subject to the fact that creditors have a priority claim against the assets of the estate. Also, the costs of the funeral and burial expenses should be borne by the probate estate, and the costs of administration (i.e., personal representative (executor) fees, attorney's fees, tax return preparer fees, and other fees associated with the administration of the estate).
You should consult with an experienced probate attorney to determine the specific interests of the varioust beneficiaries, creditors, and administrators of the particular estate involved to get precise answers to your question.
Good luck!
Answered on Nov 20th, 2017 at 7:01 AM