beneficiary passed away 3 months after estate closed

UPDATED: Oct 1, 2022

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beneficiary passed away 3 months after estate closed

Hello, I was executrix of my fathers estate. He willed his property to my sister ,brother and myself. The estate finally closed 3 months ago. My brother who was a beneficiary of the estate just passed away without a will. I was told his son would now receive the portion of my fathers estate that was willed to him. My father did not want anyone else other than us three children to receive anything from his estate. Which I have in writing from him. Can I reopen the estate so that his share of our fathers property go to the rightful heirs under his will.

Asked on November 25, 2017 under Estate Planning, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Since your brother outlived your father, he at that point in time became a rightful beneficiary of the estate as per the terms of the Will. In other words, he became vested in his share of the inheritance as the time of your father's passing. Accordingly that share must now legally be paid to his estate. It will then be distributed as per state "intestacy" law since your brother had no Will. Please note, Hhd your brother predeceased your father, things may have been different. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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