Florida Will predeceased and descendants question

[AB789]

A "Lady's" grandfather just passed away in Florida. He was in a recent 2nd marriage (about 9 years). He (2) and his wife (5) had both had kids from previous marriages and none together. One of his children was predeceased (the father of this "Lady"). The grandfather's Will has language stating he intended to treat the wife's children as his own and his wife's children's "Descendants" as his own. The 6 living 1st generation children are getting different percentages (2 children getting significantly more). Also named in the will is one of the wife's grandchildren (having a living parent) and the "Lady" (his only grandchild, with predeceased father).
Question 1: The predeceased child of the grandfather is not mentioned (by name) at all in the will (a share that would normally pass on to this "Lady" as it is her father). Is a predeceased child still considered one of the children when it comes to inheritance? If the intent was to essentially treat all children the same, would the deceased child need to be specified in some way since they had descendants down the line? Would they have to be formally disinherited in the will to be excluded if the intent was to treat all similarly?
Question 2: The "Lady" has 3 children of her own ("descendants" of the grandfathers predeceased child). These descendants were also not mentioned by name in the Will. If the intent was to essentially treat all children's "descendants" the same, yet some grandchildren are getting a share and they are not, is that a contradiction? The "lady" is listed as getting a portion of the small remaining share being split up between the wife's 4 children and 1 grandchild, then her.
Question 3: The "Lady" is in disbelief that the grandfather would have intentionally left out his deceased child's portion, along with 3 living descendants of that child. Does this create an ambiguity or a contradiction that can be contested?
So far, the "Lady" has not been able to read the Will herself as she is out of state. She has been getting this information from her aunt (the grandfathers only living child of his own). The Lady plans to get a copy of the will once it is filed.

 

[adjusterjack]

So far, the "Lady" has not been able to read the Will herself

Then your questions (based on second hand information from the aunt to the "Lady" and third hand information from the aunt to the "Lady" to you) are premature until the "Lady" has the will in front of her so that she can come here and quote passages as needed.

Or, the "Lady" can take the will to a probate attorney who would be in a better position to interpret it.

 

[Taxing Matters]

So far, the "Lady" has not been able to read the Will herself as she is out of state. She has been getting this information from her aunt (the grandfathers only living child of his own). The Lady plans to get a copy of the will once it is filed.

Well then she doesn't really know what the will says since she has not read it. Until she reads it her speculation of who gets what isn't really helpful to her. Once she gets a copy of the will she needs to take that to a probate attorney in Florida for an opinion of how the estate should be distributed. The exact language of the will matters a great deal here, and we don't have that.

 

[AB789]

Florida is 1000 miles away, but she may need to make that trip. The information is from the aunt who was there during the passing of the grandfather. The details may be be a little off, but the overall is likely what's written. The idea was to try to gain some knowledge before making a multiday trip, as the scenario is a little specific to this case.

 

[Taxing Matters]

Florida is 1000 miles away, but she may need to make that trip. The information is from the aunt who was there during the passing of the grandfather. The details may be be a little off, but the overall is likely what's written. The idea was to try to gain some knowledge before making a multiday trip, as the scenario is a little specific to this case.

She can get a copy of the will before making the trip down there. Then she'll know what the will says and can prepare for meeting with any attorney, should she wish to do that.

 

[Litigator22]

A "Lady's" grandfather just passed away in Florida. He was in a recent 2nd marriage (about 9 years). He (2) and his wife (5) had both had kids from previous marriages and none together. One of his children was predeceased (the father of this "Lady"). The grandfather's Will has language stating he intended to treat the wife's children as his own and his wife's children's "Descendants" as his own. The 6 living 1st generation children are getting different percentages (2 children getting significantly more). Also named in the will is one of the wife's grandchildren (having a living parent) and the "Lady" (his only grandchild, with predeceased father).
Question 1: The predeceased child of the grandfather is not mentioned (by name) at all in the will (a share that would normally pass on to this "Lady" as it is her father). Is a predeceased child still considered one of the children when it comes to inheritance? If the intent was to essentially treat all children the same, would the deceased child need to be specified in some way since they had descendants down the line? Would they have to be formally disinherited in the will to be excluded if the intent was to treat all similarly?
Question 2: The "Lady" has 3 children of her own ("descendants" of the grandfathers predeceased child). These descendants were also not mentioned by name in the Will. If the intent was to essentially treat all children's "descendants" the same, yet some grandchildren are getting a share and they are not, is that a contradiction? The "lady" is listed as getting a portion of the small remaining share being split up between the wife's 4 children and 1 grandchild, then her.
Question 3: The "Lady" is in disbelief that the grandfather would have intentionally left out his deceased child's portion, along with 3 living descendants of that child. Does this create an ambiguity or a contradiction that can be contested?
So far, the "Lady" has not been able to read the Will herself as she is out of state. She has been getting this information from her aunt (the grandfathers only living child of his own). The Lady plans to get a copy of the will once it is filed.

One thing clearly emerges from this hazy third-hand-hearsay account and that is that you are ill equipped to be the liaison or spokesperson for this woman.

Your questions are so fraught with amateurish, misplaced legal suppositions, misunderstood legalese and the mingling and bungling of intestate succession laws with rules governing the construction of wills as to be essentially meaningless. What you need to do is to take a back seat in this developing episode and remain there.

 

[AB789]

One thing clearly emerges from this hazy third-hand-hearsay account and that is that you are ill equipped to be the liaison or spokesperson for this woman.

Your questions are so fraught with amateurish, misplaced legal suppositions, misunderstood legalese and the mingling and bungling of intestate succession laws with rules governing the construction of wills as to be essentially meaningless. What you need to do is to take a back seat in this developing episode and remain there.

Absolutely brilliant response.

The fact that you have enough intelligence to identify that I have no legal experience, but not enough to step back for a moment to consider that my relationship to the "Lady" is not for my legal expertise is astonishing. This will be the first will she and I have ever encountered. Having lost a family member on Thursday evening, hearing something about a will Friday evening, getting a few details of the will Saturday morning, doing some quick research to find nothing similar to the actual scenario, finding an advice forum that is supposed to help people without knowledge or experience in the field, and then getting a response like yours is a wonderful addition to the families current situation.

I never claimed to know anything about wills, so your comment about being amateurish is spot on, congratulations on that observation. If I did have legal expertise or knowledge in the field I likely wouldn't be here asking questions. Now, if I did have knowledge, I might be here answering questions, but I surely wouldn't be giving smart-aleck responses based on assumptions that are not well thought out. Thank you for generously lending your wealth of knowledge on the subject and providing such valuable insight.

 

[quincy]

The "lady" can get a copy of the will and have it personally reviewed by a probate attorney in her area.

Good luck.

 

[AB789]

Thanks for the reply. Assuming she does not receive a copy from family members, how can she get a copy without travelling? Information on the web about Florida made it should like a person has to show up at the clerk to request a copy. Can she simply call the clerk to verify if the will has been filed, and pay to have a copy sent?

 

[quincy]

Assuming she does not receive a copy from family members, how can she get a copy without travelling? Information on the web about Florida made it should like a person has to show up at the clerk to request a copy. Can she simply call the clerk to verify if the will has been filed, and pay to have a copy sent?

The probate attorney she sees can get a copy for her.

 

[Taxing Matters]

Thanks for the reply. Assuming she does not receive a copy from family members, how can she get a copy without travelling? Information on the web about Florida made it should like a person has to show up at the clerk to request a copy. Can she simply call the clerk to verify if the will has been filed, and pay to have a copy sent?

The court for that county might have a web site with court filings on it. If not, she call the court clerk and ask what options they have to get copies of records.

 

[AB789]

Thank you both. This will give her a couple of directions to go with this.

 

[zddoodah]

A "Lady's" grandfather just passed away in Florida.

Why is the word "lady's" (and other words throughout your post) in quotation marks (and capitalized)?

Also, what is your relationship to the people mentioned in your post.

Is a predeceased child still considered one of the children when it comes to inheritance?

Given that there's a will, it depends on what the will says.

Would they have to be formally disinherited in the will to be excluded if the intent was to treat all similarly?

There's no such thing as "formal[] disinherit[ance]."

If the intent was to essentially treat all children's "descendants" the same, yet some grandchildren are getting a share and they are not, is that a contradiction?

No one who hasn't read the will can intelligently opine about most of your questions.

The "Lady" is in disbelief that the grandfather would have intentionally left out his deceased child's portion, along with 3 living descendants of that child. Does this create an ambiguity or a contradiction that can be contested?

Her "disbelief" is not a valid basis to contest a will. Determining whether an ambiguity exists would require reading the will.

So far, the "Lady" has not been able to read the Will herself as she is out of state.

Wills can easily be scanned and emailed.

The Lady plans to get a copy of the will once it is filed.

When she does, she can consult with a Florida probate lawyer about the issues raised in your post.

The idea was to try to gain some knowledge before making a multiday trip

All the more reason to ask that the will be scanned and emailed. Also, a 1,000 mile flight takes about 2 1/2 hours, not multiple days (and flying is almost certainly cheaper than driving).

Assuming she does not receive a copy from family members, how can she get a copy without travelling?

If the will has been filed with a court, she can get a copy directly from the court clerk or from a courier service who can get it from the clerk's office.

 

[AB789]

Why is the word "lady's" (and other words throughout your post) in quotation marks (and capitalized)?

Improperly quoted subject(s) of the will and inconsistent use of capitalization. Probably not the best way to do it. Blame it on web research fatigue at the time.

Also, what is your relationship to the people mentioned in your post.

A family member.

Given that there's a will, it depends on what the will says.

Understood

There's no such thing as "formal[] disinherit[ance]."

This question came after reading multiple will creating firms suggesting to formally name descendants who are being left out.

No one who hasn't read the will can intelligently opine about most of your questions.

I'm understanding that. It seems to be a lot more complex of an item than we first believed.

Her "disbelief" is not a valid basis to contest a will. Determining whether an ambiguity exists would require reading the will.

Understood, but it just leads to questions overall, even if that truly was his final intent.

Wills can easily be scanned and emailed.

This is good to know. After the will is filed, we are planning to get one.

When she does, she can consult with a Florida probate lawyer about the issues raised in your post.

Would a local probate lawyer (not from Florida) know enough to tell us if the will is legit (at least initially), or should we remotely work with a probate lawyer in Florida?

All the more reason to ask that the will be scanned and emailed. Also, a 1,000 mile flight takes about 2 1/2 hours, not multiple days (and flying is almost certainly cheaper than driving).

Other details make it harder to fly than drive currently.

If the will has been filed with a court, she can get a copy directly from the court clerk or from a courier service who can get it from the clerk's office.

We you say "courier service", I assume you are not talking about FedEx? Is there a common courier service for legal documentation you can suggest?

Thank you for your time going through these.

 

[doucar]

A local courier service would depend upon which county the will is probated in. They will charge you for the time and expenses of obtaining the copy and faxing it to you.
A local probate attorney could tell you if you had a valid challenge in your state, but not in Florida with any certainty.