Death of beneficiary

[curious46]

State of Georgia. Brother left inheritance to sister. Brother passed away and sister passed 3 months later before estate was settled. Sister had a will (state of Florida) leaving everything to spouse. The brother's will left estate to sister or issues in stirpes. Should inheritance pass to children of sister or to the sister's spouse?

 

[ALawyer]

Many lawyers drafting Wills add a provision that a beneficiary must survive the deceased for a certain period -- sometimes hours, more usually a few days to 1 - 2 months -- to inherit. If there was not a 3 month provision then her estate inherits and it goes, sad to say, to her husband rather than her kids as that is what she wanted in her Will (assuming it is a valid Will).

 

[curious46]

Thank you for your answer. One more question, (State of Florida)
the spouse of the deceased sister will not produce the will to the appointed executor and the will has not been filed in probate. This was a supposedly a self produced will(computer type) that was signed and witnessed, but no else has seen a copy. Is this required to disperse the funds from the brother's estate?

 

[ALawyer]

I am not a Florida lawyer, but if I were Brother's executor I would NEVER turn money over to anyone other than the court appointed executor or administrator of Sister.

As for who would get what if Sister died without a Will, it depends on the size of Sister's estate. In most states after a spousal share, it is split among spouse and kids.