Does a beneficiary of a Will inherit over next of kin?
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Does a beneficiary of a Will inherit over next of kin?
My aunt just passed and in her Will stated that I was supposed to inherit her assets, mainly her house. She had no children of her own except me and my children. Now, one of my other aunts (her sister) is questioning the Will and believes they are the heirs. Also, I have taken care of her for the last 2 years and it was widely known that I was to inherit her house.
Asked on May 23, 2015 under Estate Planning, Florida
Answers:
Christine Socrates / Christine Sabio Socrates, Atty at Law
Answered 8 years ago | Contributor
The will must be filed in the probate court in the county in which your aunt resided at the time of her death. Once filed, your aunt would need to contest the will if she believes it is not valid. In order to do that, she would need to prove why it invalid. If the will is determined to be invalid, then the laws of intestate succession would determine who inherits. If she had no spouse, children, or parents, then her siblings would inherit her estate. If you had a contarct with your aunt that you would inherit her house and other assets in return for you taking care of her, you may be able to file a claim against her estate for that compensation.
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