What happens to my deceased Sisters share of the Estate of my Father in Florida?
Full Question:
I have two Sisters. My Father died but before he dies one of my Sisters died but she is still named in my Fathers' Will because he did not change it after he died. The deceased Sister left no children, grandchildren or other descendents. What happens to her share of the Estate?
02/08/2017 |
Category: Wills and Es... ยป Lapsed Gifts |
State: Florida |
#31768
Answer:
If the Will provides "to my surviving children" or "if they survive me", then her share would go to the surviving children, you and your Sister.
The Florida Probate Code provision is below.
732.604 Failure of testamentary provision.—
(1) Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
(2) Except as provided in s. 732.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees in proportion to the interests of each in the remaining part of the residue.
(1) Except as provided in s. 732.603, if a devise other than a residuary devise fails for any reason, it becomes a part of the residue.
(2) Except as provided in s. 732.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees in proportion to the interests of each in the remaining part of the residue.