Legal Question in Wills and Trusts in Florida

Intestate in Florida

My father passed recently and had a will and a revocable trust but in the trust he has a paragraph which states (the short version): If his wife survives him (she did and is 93) The trustees shall hold in trust foir her benefit such part of the grantor's gross estate as she would have received had the grantor died intestate domiciled in Florida.

I am the only surviving child on my fathers side does that mean I get half, is my daughter a lineal decendent or does it stop with me and my stepmother.


Asked on 8/22/08, 7:27 pm

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Intestate in Florida

She gets the first $60,000 plus one half of the rest. The other half goes to the children. A Grandchild gets nothing unless there are no children alive.

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Answered on 8/23/08, 12:11 pm
David Slater David P. Slater, Esq.

Re: Intestate in Florida

Spouse is entitled to $60,000 plus 1/2 of rest. GD nothing.

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Answered on 8/22/08, 8:17 pm
Robert Roemer Robert Roemer

Re: Intestate in Florida

I would need to know the rest of the trust terms to answer your question.This is important to know because it will effect your inheritance.I would need you to e-mail me your phone number so I can call you to get the exact facts.This is important to do know before the time passes,etc. I hope to hear from you soon.

Robert Roemer

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Answered on 8/22/08, 8:45 pm


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