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It is my opinion that the Florida law provides that the property transfers upon death of the father. The son can waive his interest in the property in the father's probate. If the property is being held in some kind of an account that does not require it to distributed until death of the beneficiaries then the son can create a will that waives his interest or just simply gives it to his sister. But I would have to review the case with the parties to give a better recommendation.

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6y ago
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6y ago

The answer is yes if the father has already died and the brother already owns that portion of his father's estate. A beneficiary does not own property devised to him in a Will until the testator has died and the Will is probated.

The family should discuss this issue because it can be addressed in the father's Will. The father can provide in his Will that if the brother is deceased at the time of his father's death his share of the estate shall pass to his sister. You should seek advice from the attorney who drafted the father's Will.

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Q: Can A son write will giving his share of inheritance from his father's estates to his surviving sister?
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