How to divide an estate?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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