Legal Question in Wills and Trusts in Florida

legal rights of child in death of a parent

My father died recently and i hear a child has rights

to the estate whatever it is no matter the childs age.


Asked on 5/08/00, 6:54 pm

2 Answers from Attorneys

Re: legal rights of child in death of a parent

This question regards a the rights of a child to deceased father's estate. Florida does not require that a child receive anything if a valid will exists that leaves the child nothing. A surviving spouse, on the other hand, does have rights to a part of the estate regardless of any terms of the will. However, if no will exists then Florida Statutes govern how the estate is distributed and a surviving child, no matter the age, would have a right to part of the estate. If you have a more specific question please send me an e-mail at [email protected].

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Answered on 6/26/00, 10:31 am
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Inheritance Rights -- Defective hearing

FACTS: Father died recently.

Stmt.: I HEAR a child has rights to his estate no matter the child's age.

Q. Is this true?

A. NO! A parent can disinherit a living child. No one HAS to leave anything to children. There are some laws that deal with a "homestead" that cannot be affected by a valid will. However, you didn't give enough facts as to whether this might be applicable.

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Answered on 6/22/00, 12:19 pm


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