Legal Question in Wills and Trusts in Florida

Beneficiary succession

A will names a non-relative as beneficiary and their children as successors should the beneficiary die. There is one lone surviving relative, a daughter. Should the benficiary be deceased who then has a valid claim to the estate. The children of the non-relative benficiary or the lone surviving blood relative?

Asked on 7/23/03, 8:55 am

1 Answer from Attorneys

Alex Littlefield Law Office of Alex D. Littlefield, Jr.

Re: Beneficiary succession

Except where the property devised is homestead, and there is a surviving spouse,or a surviving minor child or children, a testator or testatrix can dispose of his or her property by will as desired. There is another situation where a devise to anyone, other than the surviving spouse can be negated in whole or in part by the surviving spouse making the election to claim 30% of the estate. Unless the property involved is exempt homestead, it can be used by the personal representative in assembling the surviving spouse's elective marital share.

Except as set out above, if the non-relative died before the maker of the will, his descendants would take the property devised to him in equal 1/3 undivided shares.

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Answered on 7/23/03, 5:42 pm

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