In Florida, estate planning and probate laws govern how assets are distributed after a person’s death. Grandchildren may have various reasons for claiming part of a grandparent’s estate.
Understanding these conditions is important both for grandparents planning their estates and grandchildren who might find themselves invested in the outcome of a grandparent’s probate process.
Estate planning considerations
During the estate planning process, grandparents can choose to explicitly include their grandchildren as beneficiaries. This can be done through various means, such as wills, trusts or beneficiary designations on accounts and insurance policies.
For example, a grandparent can leave specific assets or sums of money directly to a grandchild in their will. This is the most straightforward method, ensuring the grandchild receives the inheritance. Establishing a trust for a grandchild can provide more control over the distribution of assets. Trusts can specify conditions under which the grandchild can access the funds, such as reaching a certain age or achieving specific milestones like graduating from college.
Probate process and grandchildren’s claims
If a grandparent passes away without a will (intestate) or if a grandchild believes they have a legitimate claim on the estate, they may need to assert their rights during the probate process.
In Florida, if a grandparent dies intestate, the state’s laws of intestate succession dictate how the estate is distributed. Typically, the estate would go to the surviving spouse and children first. Grandchildren only inherit by right of representation if their parent (the grandchild’s parent and the grandparent’s child) predeceased the grandparent. This means that the grandchild steps into their parent’s place in the line of inheritance.
If a grandchild believes they were unintentionally omitted from a grandparent’s will, they might have grounds to contest the will. This approach generally requires proof that the omission was accidental or that there were promises made by the grandparent regarding inheritance.
A grandchild might also contest a will if they believe another party exerted undue influence or committed fraud that led to their exclusion. Proving undue influence generally requires showing that the influencer overpowered the free will of the testator, leading to a will that reflects the influencer’s desires, rather than the true intentions of the deceased.
In some cases, a grandchild born after the will was created (and not mentioned in the will) might be able to claim a portion of the estate as a pretermitted heir. Florida law allows for such claims if it can be proven that the grandparent had no intention of excluding the grandchild.
Making a claim against a grandparent’s estate can be both legally complex and emotionally draining. For grandparents, clear and updated estate planning documents are important to prevent disputes. For grandchildren, understanding their legal rights and the conditions under which they can make a claim is also important.
