Legal Question in Family Law in Florida
A bit of a complicated situation. My daughter�s Dad (my ex-husband) passed in a fatal auto collision in late November. My daughter�s Grandma is beneficiary on all his accounts (fireman pension, life insurance, bank accounts, and investments.) In our divorce, in lieu of child support he was to have an account set up for her college expenses (she is 19, sophomore in college.) He was paying her college expenses until his passing. However, there is no fund set up for her college expenses. The Grandmother is not willing to give my daughter anything. He never remarried. No other children. Can I file suit against his pension for her college expenses?
Note: Father and daughter had a wonderful relationship so did my daughter and her grandma until my ex-husband�s passing. He never got around to changing his beneficiary. The Grandmother�s exact words were �he meant for me to have it all or he would have left it to her.�
1 Answer from Attorneys
First and foremost, your daughter is entitled under Florida law to a portion of her father's estate. His estate should go through probate to distribute the assets as required. If all of the assets of the estate passed to grandma under beneficiary rules your daughter still may have a claim to some of those assets. Your daughter (since she is an adult) should consult with a probate attorney to discuss her options. If her father's estate has not gone through probate then the proper steps need to be taken.
Depending upon the circumstances of his death, your daughter may have other claims. For instance, if the crash was caused by someone else there may be a claim for wrongful death. If he was working at the time of the crash there may be a workers' compensation benefit due.
There are many options that could be available to your daughter based on the limited information you have provided. She should talk to an attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
