Legal Question in Wills and Trusts in Florida

what kind of claims can be made against an estate?

I am a mother of 5 with a non paying ex-husband whose mother died 2 yrs ago. his new wife is the guardian of the mothers will and they are selling her house. which he is due to profit from. do i have the right to make a legal claim (i.e.) lien against the sale of the house?


Asked on 2/16/05, 12:40 pm

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: what kind of claims can be made against an estate?

1. There is no such thing as a guardian of a will.

2. If you have a judgment against your ex. you can make a claim against his share.

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Answered on 2/16/05, 2:42 pm

Re: what kind of claims can be made against an estate?

I suggest you ask your question again to a family law attorney on this website or through some other medium. There will obviously be some money available in the estate but wether or not you can claim some of it depends on your divorce decree, the provisions made concerning the payments your ex is supposed to make, whether they are child support or alimony payments, etc. In Florida, under certain circumstances, assets can be attached and salaries can be garnished for child support payments that are past due. Ask again in the family law section for details. Good luck.

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Answered on 2/16/05, 3:12 pm


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