You may never imagine that your beneficiary would predecease you. Even if they do not, they may sadly pass away before your appointed executor can finally distribute your gifted property and assets. All of this to say, you should never make sweeping assumptions when it comes to writing your Last Will and Testament document. Without further ado, please read on to discover what happens to an inheritance if a beneficiary dies before the will’s execution and how a seasoned Broward County wills lawyer at The Probate Lawyer can help you understand the laws surrounding this circumstance.
What happens to an inheritance if a beneficiary dies before the will’s execution?
Hopefully, you incorporated a contingency beneficiary for every last property and asset named in your Last Will and Testament document. This individual would be set to inherit a specified gift should your primary beneficiary sadly die before your will can be executed. If not, Florida’s anti-lapse statute may come into play. Namely, this statute holds that if your primary beneficiary dies before you or before your will’s execution, and you did not name a contingency beneficiary, then their surviving descendants may inherit their specified gift. The eligible surviving descendants are usually close relatives like the primary beneficiary’s children, grandchildren, and great-grandchildren.
When does Florida’s anti-lapse statute not apply to an estate’s administration?
Of note, the purpose of Florida’s anti-lapse statute is to protect you, the testator, and ensure that your property and assets are kept amongst your close relatives. This is to say that this statute may only be applied when your primary beneficiary is a close relative of yours (i.e., your spouse). This is because, in turn, the specified gift may be passed on to your other close relatives (i.e., children, grandchildren, great-grandchildren, etc).
Or, you may be able to sidestep the anti-lapse statute legally. This is if, within your will document, you state that your beneficiary’s descendants should not inherit your property and assets. Or, if you require that your beneficiary be treated as though they predeceased you for certain property, assets, and otherwise, for estate administration purposes.
So, if your beneficiary is a distant relative or someone with no specific degree of familial relationship, or if you explicitly instruct otherwise, certain gifts may become part of your residuary estate. This is made up of the property and assets that were not disclosed or given clear instructions within your will document. Ultimately, these gifts may be given to your disclosed residuary beneficiary. And if you did not name one, they may be passed down to your relatives based upon Florida’s intestate succession laws.
This matter may obviously be important to you, and you may want the best possible outcome. So please, do not start planning without a competent Broward County wills lawyer in your corner. The team at The Probate Lawyers is here at your command.
