Who gets property if both recipients listed in the will are deceased,
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Who gets property if both recipients listed in the will are deceased,
My aunt’s will states
that my father gets her
trailer but if he is
deceased, it goes to a
‘friend’ who is also
deceased? I’ve been
told that my mother
would get the trailer,
being dad’s successor
since he was listed
first BUT,my aunt’s
sister states the
trailer goes to her and
is kept in the family.My
mother DOES get all
contents of the trailer.
We are in Hillsborough
county Florida and since
the sister is in
Alabama, we have been
cleaning the trailer but
my cousins, being
executor of her will
refuses to share info
and we do not have a
copy of the will.just
wondering if we are
wasting our time
cleaning a trailer that
will go to someone else.
We have already invested
NUMEROUS hours She was
a hoarder in labor,
travel and wear/tear and
gas. Your input is
GREATLY APPRECIATED
THANK YOU IN ADVANCE
Asked on September 15, 2017 under Estate Planning, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
I am so sorry for your loss. I can not tell from your question which state would be your Aunt's legal residence to help with the actual law but generally speaking, if the beneficiaries of the property have not survived the Will maker the RESIDUARY clause will determine who will get that property. That clause generally starts with "All the rest, residue and remainder of my estate...." or something like that. If you do not have a copy of the Will but it has been probated then you can go and get a copy from the Probate Court since it is a public record. Otherwise, your Mother for sure - since it seems that she is a named beneficiary - can demand a copy. Good luck.
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