Legal Question in Family Law in Florida

I was married for 9 years but divorced in Sept 2001 (all in Orange County FL). Three years ago, my ex died suddenly. He had no will and had a young son (after our relationship). As a result of probate court tying to close out his estate, I was notified that a curator was appointed and a status hearing was being held. There was a question whether we were still married at the time of his death, which we were not. In the document sent to me listing his assets, it became apparent that some of the property in question (2 automobiles and a motorcycle) were acquired during our marriage but were not mentioned in our divorce decree/final settlement. I think my ex hid some of his assets, because he did not want to split them with me. At the probate status hearing, the Judge said I need to address the settlement issue in order to have a possible claim in his estate and that I need legal advice. I'm not sure how to proceed. What is the statue of limitations to challenge a divorce settlement? The courthouse has destroyed all the divorce records except the Final Judgement. What can I do? Should I pursue or drop it?


Asked on 3/08/17, 6:32 pm

2 Answers from Attorneys

Robert McCall Law Office of Robert McCall

You need to talk to a Probate attorney and a Family Law attorney, take them all papers you can find. You also may request a copy of youir file from the attorney who handled your side of the divorce.

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Answered on 3/09/17, 5:16 am
Lucreita Becude Lucreita D. Becude, P.A.

yes, it is worth pursuing. The challenge can be paid from the assets of the probate case. Run..... to the nearest probate and family law attorney.

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Answered on 3/09/17, 6:55 am


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