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can a family member do this?

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bucklandk

Junior Member
What is the name of your state? Florida

My grandmother's will states that if her husband, nor children survive her; then her grandchildren inherit. She passed away in February - survived by 3 of her 4 daughters. Now the daughter of the deceased daughter wants what would have been her mother's. The will plainly says that surviving children inherit - does the daughter have a leg to stand on?
 


BelizeBreeze

Senior Member
What is the name of your state? Florida

My grandmother's will states that if her husband, nor children survive her; then her grandchildren inherit. She passed away in February - survived by 3 of her 4 daughters. Now the daughter of the deceased daughter wants what would have been her mother's. The will plainly says that surviving children inherit - does the daughter have a leg to stand on?
The answer depends ENTIRELY on the exact wording of the will. So what did your probate attorney tell you?
 

bucklandk

Junior Member
Our attorney says it's cut and dry - he says she doesn't stand a chance. But, it was one of those fill in the blank wills from the 1980's - and the family is very worried about it.
 
Our attorney says it's cut and dry - he says she doesn't stand a chance. But, it was one of those fill in the blank wills from the 1980's - and the family is very worried about it.
It's not so "cut and dry"; if the will states that the children will inherit, then usually any living children of a deceased child (i.e., the grandchildren) will inherit the portion of the deceased parent. However, if the will states that SURVIVING children will inherit, then the aforementioned grandchildren won't.
 

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