Legal Question in Wills and Trusts in Florida
The exspouse dies. Leaving one minor child and that child goes to live with the other parent. Can that parent sue the estate for support of the minor child and any money the spouse owed her?
4 Answers from Attorneys
Yes, there are forms for filing an adversarial contest to a probate administration.
Only for the money owed at the time of the death.
If the ex owed the money at the time of death, then yes. The child will also be a beneficiary unless there was a will that stated otherwise.
If the ex-spouse died with a residence or without a will, the minor child will have an entitlement from the estate. The fact the minor child is living with the other parent does not grant them rights to sue the estate for support of the minor child. That being said, he/she may be available to find a lawyer to take the case and concoct an arguement.
The money the spouse owed her? Only if the the funds were owed at the time of death.