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What happens to my deceased Sisters share of the Estate of my Father in Florida?

What happens to my deceased Sisters share of the Estate of my Father in Florida?

Q: Do siblings have the right to inherit?

Yes, siblings can inherit from their parents if there is no will, according to Florida's intestacy laws. If a parent dies without a will, the estate is divided among the surviving children. If there is a will, the inheritance rights of siblings depend on the terms set forth in that will.

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?

Category: Wills and Estates
Subcategory: Lapsed Gifts
Date: 04/07/2025
State: Florida

Answer:

If she is named in the Will and has no descendents her part will go to whoever is named in the residuary part of the Will. If you and your other Sister are to equally receive the residuary then you and her will inherit her portion equally.

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.

Reference:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Who is considered the closest relative when someone dies?

The closest relative is typically determined by state law and the deceased's family structure. In most cases, this includes the spouse, children, parents, and siblings. If there are no immediate family members, more distant relatives like grandparents, aunts, or uncles may be considered. In Florida, the order of inheritance follows the intestacy laws, which dictate who inherits when there is no will.

What happens if one of two primary beneficiaries dies?

If one of the two primary beneficiaries dies before the testator, their share typically passes to their heirs unless the will specifies otherwise. If the deceased beneficiary has no descendants, the remaining beneficiary may inherit the entire share, depending on the will's language. In Florida, if a devise fails, it becomes part of the residue of the estate (Fla. Stat. § 732.604).

Am I entitled to anything if my father died?

Your entitlement depends on whether your father left a will and the terms within it. If he named you as a beneficiary, you would inherit according to the will. If there is no will, Florida's intestacy laws will determine your share based on your relationship to your father. Typically, children inherit before more distant relatives.

What happens if a beneficiary dies before receiving their inheritance?

If a beneficiary dies before receiving their inheritance, their share usually passes to their heirs unless the will states otherwise. In Florida, if the deceased beneficiary has no descendants, the remaining beneficiaries may inherit their portion based on the will's terms or the laws of intestacy if no will exists (Fla. Stat. § 732.604).

What happens if one of my beneficiaries dies before me?

If one of your beneficiaries dies before you, their share of the inheritance typically passes to their heirs unless specified otherwise in your will. If your will states that the share goes to surviving beneficiaries, the remaining beneficiaries will inherit that portion. In Florida, the laws governing this are outlined in the probate code (Fla. Stat. § 732.604).