Legal Question in Real Estate Law in Florida
We have family member who disclaimed all of their inheritance from my mothers will. She had property in Florida and this property was left to my sister. But ofcourse she disclaimed it. We live in a different state and upon having a buyer for the property we went ahead to sell it. We get a call that we are unable to do this from Florida, because since my sister disclaimed it only in our state that means she is deceased in the state of florida. I do not know how they are deceased. She already said she wants nothing. The lawyer from Florida now says that the property belongs to her kids. This makes absolutely no sense to me. I now here from Florida today and they say that my sister has to rewrite the disclaimer the way she wants it and she can mostly rewrite my moms last will and testiment. How is this? Can we even do anything?
2 Answers from Attorneys
When you execute a properly done disclaimer it not only means you refuse acceptance, but that the future distribution will occur as if you predeceased the person giving the gift. You then look at the actual deceased persons Will and see what happens in that circumstance. That is why it is treated as if your sister is deceased.
Most likely when someone has precedeased a person under the Will it goes to her lineal descendents (her kids). The disclaiming person has no ability under disclaimer rules to direct where it should go.
As to rewriting the disclaimer, I do not know how that is possible, and I don't know how she can rewrite your mothers Will. Even that is raising my curosity. Unless your mother is still living, and then you mother can rewrite her own Will.
As to you doing anything? No, it is your sister's doing.
Your sister cannot rewrite your mother's will. Only the testator (your mother) can make changes or revoke her own will if she is still living and competent. The person disclaiming their interest has no right to direct how it will pass. I think you may have been misinformed and should direct specific questions to your attorney.
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