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?
1 Answer from Attorneys
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