What is the name of your state?In my will can I specify my beneficiary's desired distribution in the case of her dying before me. IE , though she pre-deceased me, her portion can go to whom she specified as residuals in her own will?
Thank you for providing your state name.Thank you. Florida. I have two, if one dies i want her portion to go to her heirs of record in her will, not the other beneficiary. I can not assume knowing her wishes within her will.
If one dies while you are still alive it would be more prudent for you to write a new will, rather than rely on an outdated one.Thank you. Florida. I have two, if one dies i want her portion to go to her heirs of record in her will, not the other beneficiary. I can not assume knowing her wishes within her will.
If you designate a beneficiary who predeceases you, unless your will says otherwise, that predeceased beneficiary's share will pass to his/her estate. It's not necessary to state this expressly in your will. However, I agree with both of the following:In my will can I specify my beneficiary's desired distribution in the case of her dying before me. IE , though she pre-deceased me, her portion can go to whom she specified as residuals in her own will?
If one dies while you are still alive it would be more prudent for you to write a new will, rather than rely on an outdated one.
The attorney you (should) meet with can guide you.
The reason it might be necessary to designate by name alternate beneficiaries is to specifically leave out anyone who the beneficiary does not want as an alternate beneficiary.If you designate a beneficiary who predeceases you, unless your will says otherwise, that predeceased beneficiary's share will pass to his/her estate. It's not necessary to state this expressly in your will. …
I disagree with that as written. Read literally, your statement would mean that if John made a gift to his friend Jeff in his will and Jeff dies before John does that Jeff's share would go to Jeff's estate for distribution and get distributed as Jeff's will directs. But that's not what happens. Under common law the gift would lapse and fall to the residue of John's estate, not Jeff's. The residue goes either to the person specified in John's will to get the residue in the will or passes to John's family under the state's intestate succession statute. Either way, it's very, very unlikely that Jeff's intended beneficiaries are are going to get what Jeff was going to recieve.If you designate a beneficiary who predeceases you, unless your will says otherwise, that predeceased beneficiary's share will pass to his/her estate.
That's helpful. It at least rules out having to consider any weirdness of Louisiana law.JWilly lives in Florida.
Anything that rules out Louisiana, and to a lesser degree California, is helpful. Haha.That's helpful. It at least rules out having to consider any weirdness of Louisiana law.
Florida's anti-lapse rule for wills is found in Florida Statute § 732.603. It works basically as I described them generally above. The gift to the predeceased relative does not lapse but instead goes to the beneficiary's descendants. If the deceased is not related within the scope of the Florida statute or has no descendants, his/her gift from the will falls to the donor's (John in my example) estate residue. Either way, if the predeceased beneficiary (Jeff) had a will, the share of the estate he/she would have received isn't going to end up where that beneficiary would want it to go.