Apologies: "likely no" but there is more information we would need to be certain. First and foremost, the laws in Florida may be different than most - and a complete separation/divorce may be required in one state but not another before an inheritance becomes void as to an ex spouse - the difference between WA and CA for example.
In addition, absent an agreement to the contrary, all inheritances are considered community property anyway - whether they were ever married or not. The curious question in this case would be if the children took by per sterpes (the children receive what the father would have received) - whether that property would be considered community property for the purpose of determining inheritance - and I think it would be.
Thus the WIll is going to be the determining factor - and whether the Will allows the brother's children to receive the brother's share.
You should also advise that they seek out an estate planning attorney if the children are under-age - as a trust may be very useful in protecting the assets going forward.
Matthew Erik Johnson Business Attorney
Posted over 13 years ago.
Apologies: "likely no" but there is more information we would need to be certain. First and foremost, the laws in Florida may be different than most - and a complete separation/divorce may be required in one state but not another before an inheritance becomes void as to an ex spouse - the difference between WA and CA for example.
In addition, absent an agreement to the contrary, all inheritances are considered community property anyway - whether they were ever married or not. The curious question in this case would be if the children took by per sterpes (the children receive what the father would have received) - whether that property would be considered community property for the purpose of determining inheritance - and I think it would be.
Thus the WIll is going to be the determining factor - and whether the Will allows the brother's children to receive the brother's share.
You should also advise that they seek out an estate planning attorney if the children are under-age - as a trust may be very useful in protecting the assets going forward.