Legal Question in Wills and Trusts in Florida

Property specified in a Will

If property designated in a will to go to son #1, can it be given to son #2 before one's death, (assume this is proven fact; and the will is not changed)? Does it then revert to son #1 at death, or is it the property of son #2? What is the effect of giving or selling property before death on a will?

Also: do you know in Florida what is the law on leaving children or a spouse completely out of the will, is this legal? or is there a minimum percentage required to go to them?


Asked on 12/04/02, 11:38 am

1 Answer from Attorneys
Marie-Anne Oatley

Re: Property specified in a Will

If specific property is given away during lifetime, it simply is not available to bequest as the will dictates. A will does not come into effect until the testator's death and he or she can dispose of the property freely until then.

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Answered on 12/04/02, 11:53 am


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