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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7355
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My mother past just last few weeks and in her will, she left

Customer Question

My mother past just last few weeks and in her will, she left everything to her 5 children. Except my brother pasted away 3 years ago. Does his part go to his surviving ex wife , children, grand children or does it get divided up between the remaining surviving children of my mother?
thank you
Submitted: 11 months ago.
Category: Estate Law
Expert:  Irwin Law replied 11 months ago.

Good morning Tom. I'm sorry to hear about the death of your mother. If your mother's will did not specify that her children must survive her, then under Florida law, your deceased brother's share passes to his children, not his ex-wife. Specifically, Florida Statute § 732.603(1).

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Expert:  Irwin Law replied 11 months ago.

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