Legal Question in Wills and Trusts in Florida

Descendent's Rights
My ex-husband died suddenly in 8/2002. I have a child by him born in 1986. We had no contact with each other and he broke contact with his son in 1998. He had another child in 1998 and married that child's mother in 1999. When he died in 2002 I believe he did not leave a Will. He did however have a life insurance policy with his job and property joint and single. My son has never recieved any inheritance except for a Social Security Death Benefit. My question is: Is he entitled to any of that life insurance or other property? And How do I obtain it if he is?

Asked on 1/19/04, 10:51 am

3 Answers from Attorneys

Darren Inverso Norton, Hammersley, Lopez & Skokos, P.A.

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Re: Descendent's Rights

This is a very complex and detailed question. In all of these cases, life insurance and the will, the documents dictate who the beneficiaries are and where the residual goes under the will. You will need to track down the will and the life insurancne policies to check. I strongly suggest consulting an attorney. Good Luck.

Answered on 1/19/04, 10:55 am

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Douglas R. Coenson, Esq.

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Re: Descendent's Rights

Life insurance policies do not go through probate, therefore whomever is designated as a beneficiary gets the proceeds. Regarding the property, it may depend how it is titled. For instance if it is a Joint Tenancy with Right of Survivorship then the other person listed on the title (if still living at the time of his death) receives the property. If the property is held as Tenancy by the Entirety with the new wife, then the new wife gets the property.

Generally with no will property subject to probate will go to an existing spouse before going to children. BUT without having all the facts it is difficult to decipher exactly how the property should be distributed in your particular case. I recommend you consult an attorney in your area.

Answered on 1/19/04, 11:09 am

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