How to divide an estate?

UPDATED: Dec 26, 2011

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How to divide an estate?

I am the trustee of my mom’s estate. In her Will she left all monies to my mentally handicapped sister, who died last week. Upon my sister’s death the remaining money is to be divided equally among 4 grandchildren. The Will states “surviving” grandchildren; 1 has died. Do I divide the money among just the 3 who are living? All grandchildren are over 18. The money is approximately $50,000.

Asked on December 26, 2011 under Estate Planning, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I presume that your mother's trust left in trust money to your handicapped sister who recently passed away where there is roughly $50,000 left for your deceased sister's benefit.

The designated grandchildren in your mother's trust (or Will) will state how the balance of the money after your sister's death is to be divided in the event a grandchild pre-deceases your mother or sister. Typicially the issue of the deceased grandchild would inherit the parents' share by right of representation if the Will or trust states so. If not, then the three surviving grandchildren divide the $50,000 equally. If the deceased grandchild's children get to share the parent's share under the Will or trust, the $50,000 is divided by 4 not 3.

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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