beneficiary passed away 3 months after estate closed

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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

Answers:

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

Answered 3 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. 


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