Legal Question in Wills and Trusts in Florida
Disenheritance
My paternal grandparents have lived in Florida for 25 years full time. My father is their only child. In the past, my grandfather has quickly changed his and my grandmother's wills to exclude my father and myself (also an only child) if we upset him or whatnot. By Florida State Constitution, do they have to formally disenherit my father, myself and my daughter to completely exclude us from their wills. Also, is there any way my father or I could fight back? There is also a strong question to my grandparents competancy due to numerous mediations they have been on for the past several years. Does this work to our favor in any of this?
3 Answers from Attorneys
Re: Disenheritance
An individual has the right to disinherit anyone he or she wishes other than a minor child or his or her spouse, both of whom are protected by law. There is no consittutional right to inherit from a parent, grandparent or anyone. Hence, there is no requirement to specifically disinherit anyone in a will. If a party is not mentioned, then he or she receives nothing.
If you feel that someone is incompetent, then your should meet with an attorney who is experienced in guardianship law to discuss having that person declared incompetent under the law. This is an expensive proceeding with out of pocket expenses often exceeding $2,500.00 plus your attorney's fees.
Scott R. Jay, Esq. 305-249-8000
Re: Disenheritance
A will contest can be a bitter exercise and no words are necessary to disinherit. Whether medication has diminished ones capacity to make a testamentary transfer would required strong proof.
Re: Disenheritance
No specific expression of intention to disinherit is required. Only spouses and minor children are legally protected against disinheritance. Persons generally have the right to give their property to whomever they wish. Contesting a will on the basis of legal invalidity, legal incapacity, undue influence, etc. is difficult, with most of the burden on the person contesting the will. You must weight the costs and benefits; you are advised to consult with an experienced attorney who can help you weigh options.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
