change will

[gator1000]

What is the name of your state? Florida
Deceased brother is on will with other two siblings. He has a son. Does son inherit anything.

 

[seniorjudge]

Q: Deceased brother is on will with other two siblings. He has a son. Does son inherit anything.

A: What does the will say in answer to your question?








We need to know EXACTLY what the will says (without divulging any names).

 

[gator1000]

I give, bequeath and devise my entire estate, real, personal, or mixed, wherever situated, of which I may die seized or possessed, or in which I may become in any way entitled, or have any interest, or over shich I may have any power of appointment, to my Husband,_________, but should he predecease me or if we are killed in a common disaster, then to be divided equally among my children, namely; Me , Brother, Sister.

Husband passed away and brother has since passed away.

 

[seniorjudge]

I give, bequeath and devise my entire estate, real, personal, or mixed, wherever situated, of which I may die seized or possessed, or in which I may become in any way entitled, or have any interest, or over shich I may have any power of appointment, to my Husband,_________, but should he predecease me or if we are killed in a common disaster, then to be divided equally among my children, namely; Me , Brother, Sister.


Brother has since died.

The person who made the will is dead, right?

Did the brother die before or after the person who made the will?

(If the person who made the will is still alive, then the answer is for that person to change the will.)

 

[gator1000]

Person that made will is still alive, but barely.

How do you change will? Do we need a lawyer or can we get a form, write it up and have
it witnessed by two people that will not benifit from change and then have it noterized?
Sorry about the mispelled words!

If no change is made will deceased brother's hiers benifit?

 

[nextwife]

Is the party competent? Is it THEIR desire to change their will?

 

[gator1000]

Party, my mother, is competent. But so weak she can hardly stay awake.

Yes, it was her intention to delete deceased brother from will. I thought we had done that,
but now I find out we hadn't.

 

[seniorjudge]

Person that made will is still alive, but barely.

How do you change will? Do we need a lawyer or can we get a form, write it up and have
it witnessed by two people that will not benifit from change and then have it noterized?
Sorry about the mispelled words!

If no change is made will deceased brother's hiers benifit?

If the person is COMPETENT (as nexie pointed out), the will can be changed.

However, if you have a will change right before death, it sure looks suspicious and is asking for a will contest.

If you must get it changed, have a doctor examine the person right before the will change, then have a lawyer change, and then have a second, independent doctor examine the person right after the change. Both doctors may need to be witnesses at a will contest.

 

[gator1000]

So, your answer to , will deceased brother's hier benifit, is yes?

 

[seniorjudge]

So, your answer to , will deceased brother's hier benifit, is yes?

I don't think so because the heir mentioned in the will is not alive at the time of the testator's (your mom's) death.

However, there may be statutes or cases in your state that could change this.