Florida estate distribution
Asked by: dapooh11-ga
List Price: $40.00
09 Apr 2005 10:09 PDT
Expires: 09 May 2005 10:09 PDT
Question ID: 507179
My mother died in January of 2004. Her will states that her estate will be devided among 5 children. One of my sisters is the executor of the will. She distributed 95% of the estate to the 5 of us in June 2004. She witheld 5% for taxes, etc. Another sister died in Dec. of 2004. The will states that if one of the beneficiaries dies that the estate will be distributed among the remaining. My question is under Florida law, since 95% was distributed already in 2004, does the remaining 5% get distributed to the remaining 4 heirs, does it get split 5 ways with a portion going to my deceased sister's estate or can her portion be given to her daughters?
Re: Florida estate distribution
Answered By: richard-ga on 09 Apr 2005 11:03 PDT
Hello and thank you for your question. The Florida law that applies here is Section 732.514 "Vesting of devises.--The death of the testator is the event that vests the right to devises unless the testator in the will has provided that some other event must happen before a devise vests. http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0732/SEC514.HTM&Title=->2004->Ch0732->Section%20514#0732.514 That means that because the sister was living at the time of your mother's death, her entitlement vested at that time. So clearly the remaining 5% must be split 5 ways with a portion going to your deceased sister's estate. [The result would be different is the will itself said something like 'to those of my children who survive me by two years'] If your sister's will leaves her estate to her daughters (or if she had no will, then if the daughters are her heirs by intestacy), the daughters will ultimately get it. But the personal representative (executor) of your mother's estate should make the payment to your sister's personal representative or administrator. Thanks again for letting us help. Sincerely, Google Answers Researcher Richard-ga
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