Legal Question in Wills and Trusts in Florida
a mother died 2 years ago and left her estate to her 3 sons. while the estate was in probate (2 years) one of the sons dies. who gets the deceased sons share; the brothers or the widow?
4 Answers from Attorneys
It depends on what the will says in terms of the distribution of shares after the death of the sons. have it reviewed by an attorney.
I agree with Attorney Mr. Stein. An attorney would need to interpret the will. Most wills have a clause that covers this situation. Typically if the son's death didn't occur soon after (within 30 days or so) or from the same incident of the mother's (e.g.,if they were both in a car accident together), then the son's gift would be probated to the son then pass through to his heirs according to his will or by intestacy laws if no will exists.
Did brother have a will? If so-his will would control.
If not-did he have children? If no-all to widow.
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