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What happens with a Will when one party dies?

Brother/sister and 2 sons are on the Will. The brother dies. What happens to his part of the estate? I am a sister and am not on the Will. Now I'm being asked to get out of my mother's house. Does my brother's part of estate stand? Do the children have a say or do the other parties take over?


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    R. Jason de Groot | R. Jason de Groot, P.A
    R. Jason de Groot, P.A
    Deltona, FL 32728-5775
    (386) 337-8239
    We simply cannot tell you much without seeing the actual will. If a beneficiary in the will dies before the decedent does, the gift to the beneficiary is usually given to that beneficiary's children. But that is only one form of distribution known as per stirpes. A per capita distribution is different. We have to see the will to be able to say which it was.
    Answer Applies to: Florida - Replied: 5/30/2014
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