Saint Augustine, FL asked in Estate Planning, Family Law and Probate for Florida

Q: If someone listed in a Will has passed, does their portion go to their son or split between the remaining beficiaries.

My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my cousin receive his deceased father's portion or do the living brothers split his portion. My cousin is not contacting anything, just want to be sure it's done legally. Assests to be split are less that 30k.

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

A: I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary (brother), but not aways, if you are unable to determine this upon reviewing the document, you will need a probate attorney to review it, you likely in most cases will need a probate attorney anyway to file probate, in this case since the assets are below $75,000, a Summary Administration will most likely apply and work. Until an attorney reviews the Will, it will be hard to tell you how the distribution will go.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.