Will my daughter get the estate of her grandfather? 7 Answers as of September 09, 2011

It depends on what the Will states. What does it say about who his assets are left to if you and your wife predecease him? Does it say that it is left to yours or your wife's descendants? If so, then it would go to your children. If it is silent as to who inherits beyond you and your wife, or your father is not sure, he should go to the attorney who prepared the Will and have that person explain to him to whom the assets will go to at his death.

It depends on what is written in the will, if it is silent, in FL it is defaulted to per stirpes and you daughter should inherit, but the document would control if it states otherwise.

Not necessarily. It would be much better if your father re-did his will and made it explicit that your daughter inherits if you and your wife have pre-deceased him.

It depends if the Will requires that you survive and what the terms are in the event that you predecease him. If that issue is not addressed, it may also depend upon the state law where the Will was drafted or where he dies. Without seeing the Will or knowing the answers to the other questions, any response is merely speculation. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.

That depends on how the will is worded. See a lawyer to make sure it is properly worded, as it may not turn out the way you expect.

Generally speaking, the will should specify what happens if a listed beneficiary predeceases the Testator. If there is no such guidance, then (again generally) your daughter would have "priority" over the other relatives you mentioned. If it is appropriate for your situation, you might want to suggest that he review and perhaps update his will to give guidance in such a situation so that his wishes can be carried out.