When you create an estate plan, you expect your chosen beneficiaries to receive their inheritance. But what happens if someone you name in your will dies before you do? Florida law may direct that gift to someone else, depending on your will’s terms and your relationship to the beneficiary. Understanding these rules can help you plan for unexpected changes in your family.
Florida’s 120-hour survivorship rule
Under Florida law, a beneficiary may need to survive you by 120 hours (five days) to inherit property. However, this rule does not apply in every situation and your will or other governing document may provide different instructions.
If you do not meet the required survivorship period, the law may treat you as having died before the person who left you the property.
Florida’s anti-lapse rule
Florida’s anti-lapse statute may allow a deceased beneficiary’s descendants to receive the inheritance instead, depending on the family relationship and the will’s terms. Under Florida Statutes § 732.603, the rule generally applies to beneficiaries who are your grandparents or descendants of your grandparents. Here is what you should know:
- Eligible relatives: The beneficiary’s surviving descendants may inherit the gift in place of the deceased beneficiary.
- Your will’s wording: The rule may not apply if your will clearly expresses a different intention.
- Other beneficiaries: A friend or charity does not qualify under this statute simply because you named them in your will.
If the anti-lapse rule does not apply, Florida law may direct the failed gift elsewhere under other will-distribution rules.
Review and update your estate plan
Your estate plan should reflect changes in your family and financial situation. Review your will after major life events, such as a marriage, divorce, birth or death in the family. Check that your chosen beneficiaries and distribution instructions still match your wishes.
Florida law generally gives effect to the intentions expressed in your will, so clear, up-to-date instructions can reduce uncertainty about how your estate will be distributed.
Protect your inheritance plans
If a beneficiary dies before you, Florida law may affect who receives the gift. Review your will, consider naming backup beneficiaries and consult a Florida estate planning attorney to ensure your wishes remain clear. Taking these steps can help you prepare for unexpected changes and reduce potential disputes over your estate.