Q: Does a grandchild inherit what portion was going to belong to their parent if they also are deceased?
My father passed away and my brother did also years ago. Does my brothers children inherit his part of my fathers inheritance? How does that work
A: I am very sorry for your loss the passing of your father, please accept my condolences for you and your family and this difficult and sad time. Generally, it depends, was there a Will and or a Trust, is there a surviving spouse. If there is no Will or estate planning, then it may also depend on what the property deed says and or if there are any pay on death or transfer on death designations and or joint accounts. In addition, if there is no Will then the Florida Intestate Statutes (without a Will) are going to apply, and that generally means if there is no surviving spouse, then to the children in equal shares, if a child is deceased, then to their children their share. You really will need and want to speak with a Florida Probate Attorney and provide more information and details and then the attorney can give you more precise answers and feedback on the ongoing issues and circumstances you have to deal with and how distributions will work via probate.
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