Will And Probate Guidance

Summary

In Florida, if a beneficiary dies after the testator, their estate may still have a claim to the inheritance. The deceased beneficiarys share would generally go to their heirs or as directed in their will. To remove the beneficiary from the petition for discharge, you may need to amend the petition to reflect the change and include the deceased beneficiarys estate as a party. If the deceased beneficiary doesnt have an estate, typically the inheritance would go to their next of kin, which could include a spouse, but it depends on the wills terms and state intestacy laws. It is advisable to consult with a probate attorney for specific guidance.

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This is regarding a will and probate. The testator of the will died on November *, *, and one of his beneficiaries died on April *, *. Can this beneficiary be removed from a petition for discharge?
Hi ****! In Florida, if a beneficiary dies after the testator, their estate may still have a claim to the inheritance. The deceased beneficiary's share would generally go to their heirs or as directed in their will. To remove the beneficiary from the petition for discharge, you may need to amend the petition to reflect the change and include the deceased beneficiary's estate as a party. It is advisable to consult with a probate attorney for specific guidance.
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What if the beneficiary does not have an estate? Is it automatically left to his spouse?
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To answer your question: If the deceased beneficiary doesn't have an estate, typically the inheritance would go to their next of kin, which could include a spouse, but it depends on the will's terms and state intestacy laws.
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