Legal Question in Wills and Trusts in Florida

I asked this question the other day but maybe didn't explain it correctly. My ex owes 67,000.00 in back child support. Our child is now 21. My ex past away in 2011. His mother past away in 2017. Her will says everything is left to him. If he has past then it goes to his children. Our child is one of his children. Can I make a claim against her estate for back child support?


Asked on 5/03/18, 5:03 am

4 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

No the claim ended with his estate which is where the claim should have been made.

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Answered on 5/03/18, 5:10 am
Lucreita Becude Lucreita D. Becude, P.A.

If there are no other living relatives, your son (her grandson) may have a claim against the estate.

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Answered on 5/03/18, 9:02 am
John Richert Richert Quarles P.A.

You need to talk to an attorney to see if there may be a claim against the estate. The specific facts of your case are important in making this determination.

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Answered on 5/03/18, 4:49 pm
Levi Wilkes Levi Lawrence Wilkes, Attorney-at-Law, PLLC

I tend to agree with Mr. Stein on the way I'm understanding your facts. The debt (assuming its valid and enforceable) would have no effect on where your son's grandmother estate proceeds would flow as she is not the debtor. Its always a good idea to speak with an attorney though.

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Answered on 5/15/18, 7:50 am


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