Flat Rock, MI asked in Estate Planning for Florida

Q: who shares in my estate

I bore 2 children and 1 is deceased. my will states I have the following living child. The term child or children as used in my Will includes the above listed children and any children of mine

that are subsequently born or legally adopted.

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3 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: It depends on the terms of your will. Did your predeceased child leave any issue? If so, you might want to also provide for them. If you are survived by a spouse, he would have an elective share. And, of course, you might choose to provide for other loved ones.

David M. Goldman
PREMIUM
David M. Goldman
Answered
  • Estate Planning Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Typically in FL, if you have a deceased child, their share will go to their descendants, if none to the other siblings. How this works will depend on the terms in your will and how it is written. You should review your will and objectives with an attorney to determine if changes should or need to be made.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Your Will usually determines who will receive what upon your passing. There are some exceptions to this if you have a surviving spouse, a spouse is usually entitled to a portion of the estate (known as an elective share) but they are also entitled to live in the homestead or claim a portion of it if they decide to sell it. If there is no surviving spouse, then your Will usually determines precisely who will receive what, along with any specific instructions that you give with respect to lump sum payments/gifts/jewelry, etc. While a review of your Will and estate plane would be in order to precisely determine what your Will states, generally speaking, if you left your estate to your children, and one passes away, the estate is split between your surviving child and the children of your deceased child, unless your Will states otherwise. As you can see, there are variations that can occur based on the specific wording of you Will. I would encourage you to probably look at and review your Will and estate plan to be sure it is set up to accomplish precisely what you want in the manner that you want.

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