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Is the word "predeceased" really necessary?

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insearchoftruth

Junior Member
What is the name of your state (only U.S. law)? Florida

I used to be my mother's POA, executor of her will and part beneficiary (along with 2 other siblings). However after years of dealing with her lies, verbal abuse and manipulation, I stopped talking to her. I deeply felt in my heart that because of this, I needed to withdraw from being her POA and executor of her will, and I also told her to take me off of being beneficiary because I didn't want anything of monetary value from her and would rather it go to my brother and sister. She then chose my cousin to be her POA & executor. I recently found out that she acknowledges me as her daughter in her will but has me labeled as "predeceased for the purposes of this will". My mother denies this. My cousin said that the attorney stated "it needed to be legally worded in that manner because I did not want any part of the proceeds at the time of my mother's death". Honestly, I feel this wording is harsh and don't understand why it is "necessary", especially since I was the one who wanted to be dropped from being a beneficiary. If there is anyone out there who is familiar with Florida law regarding last wills and testaments that can answer if this wording is "necessary" and maybe point me to where I can find the law or statue stating that, I would greatly apprecate it. Thank you and God Bless.
 


FlyingRon

Senior Member
Mom can put whatever wording in the will that they want. You have no say in the matter. The wording most likely saves them a lot of extra clauses regarding distribution of assets (most likely to grandchildren and other issue).
 

Dandy Don

Senior Member
It is somewhat of a misnomer. She should have said "deceased", which is another way of saying that you are "dead" to her, as far as she is concerned, and she didn't want you to have anything, which you seem to be okay with.
 

Zigner

Senior Member, Non-Attorney
It is somewhat of a misnomer. She should have said "deceased", which is another way of saying that you are "dead" to her, as far as she is concerned, and she didn't want you to have anything, which you seem to be okay with.
I disagree. All the testator likely meant was that this person would be treated the same as any other named beneficiary who had predeceased the testator. It doesn't mean that the OP is "dead" to her, rather, it just specifies how she and her offspring are to be treated with regard to any proceeds from the will.
 

insearchoftruth

Junior Member
Maybe it doesn't matter to you anteater, but to me it does. It really hurts to have my mother's "attorney" label me as predeceased in her will. Especially after all we've been through.

I agree with everyone else's posts and understand that my mother CAN say anything she wants in her will....but I think you misunderstood me. My mother attorney said "my mother didn't label me that way, that it was necessary for him (attorney) to document her will that way. This was what I was trying to get an answer to....Is it necessary for the attorney to document it that way. Pretty much, if a parent does not name one of their children in a will in the state of Florida, is it necessary to label that person as "predeceased"....instead of the parent saying they're leaving no proceeds to that child, or in my case wherein I don't want any of the proceeds, why can't I just sign something stating that fact if the lawyer is so concerned it may be contested after her death.
 
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Zigner

Senior Member, Non-Attorney
You have NOT been labeled as predeceased. Imagine two groups of people. One labeled "A" and one labeled "B". Each group gets treated differently and has different rules associated with it. You have just been placed in group "B"
 

insearchoftruth

Junior Member
???Zigner??? How can you say that I am not labeled that way? Her will specifically states "for purposes of this wll (my name) shall be considered to have predeceased me." Some synonyms for considered are....believed, deemed, regarded as....it sure sounds like a label to me. I just thought the word predeceased is harsh and coldhearted, and all I wanted to know is if anyone knew for sure that terminology was in fact "required" as the lawyer said it was. That's it...period. If you can't answer that, please don't respond.
 

Zigner

Senior Member, Non-Attorney
???Zigner??? How can you say that I am not labeled that way? Her will specifically states "for purposes of this wll (my name) shall be considered to have predeceased me." Some synonyms for considered are....believed, deemed, regarded as....it sure sounds like a label to me. I just thought the word predeceased is harsh and coldhearted, and all I wanted to know is if anyone knew for sure that terminology was in fact "required" as the lawyer said it was. That's it...period. If you can't answer that, please don't respond.

For the purposes of this will
(means that for the purposes of distributing stuff)

shall be considered to have predeceased
(places you in to a specific group of people with regard to the method of distribution)


You are taking this personally. You should be looking at this as a business/legal matter. You are WAY over-reacting to a perfectly valid way to write a will.


ETA: If you examine the ENTIRE will, you will find that it specifies how things shall be distributed if the beneficiary predeceases the testator. That is ALL this is about.
 

anteater

Senior Member
Maybe it doesn't matter to you anteater, but to me it does. It really hurts to have my mother's "attorney" label me as predeceased in her will. Especially after all we've been through.
You got what you wanted. Now you want some scabs to pick at.

Arrange for some counseling.
 

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