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.
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].
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.