Legal Question in Family Law in Florida

Rights of children of divorce

My parents were divorced when I was 2 and I was in the custody of my mother. Both parents remarried but I was not adopted by my stepfather. My father and his current wife have no children and I am the only surviving biolgical child of this man. They reside in Florida. Am I entitled to any part of his estate when he dies?


Asked on 3/19/00, 5:22 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Rights of children of divorce

Yes, if he has not specifically excluded you in

his will and there are probatable assets.

I notice, however, you call him "this man."

Have you not had contact him during your lifetime?

If not, don't you think you should try to get to

know him? Do you know whether he tried to maintain contact but was thwarted by your mother in his efforts?

Of course, depending on the circumstances,

if you are well into your middle age and have

never made any effort to

contact him, he might suspect you only want to

get to know him so you can get his

money. Examine your motives. Then go to him

with a pure heart and see what success you

have in establishing a valid relationship.

Then ask the financial question again.

On another note, your stepfather may not have

adopted you because your bio father would not

give his consent . . . because he did not want

to give up his parental rights to have contact

with you.

In any case, there was probably a lot happening between your bio parents

during your lifetime about which you were not apprised. Give you bio dad a call. You just might be surprised.

Barbara C. Johnson

Andover, MA

978-474-0833

Read more
Answered on 3/25/00, 2:45 pm


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