Legal Question in Wills and Trusts in Florida

If someone owes back child support in Florida and is a beneficiary to a small amount of money in his fathers Will when he dies, will the state take all of this inheritance to pay back the child support? Even if he is unemployed?


Asked on 1/05/11, 8:25 am

1 Answer from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

It is extremely remote that the State would even know of your inheritance. If your father's estate is probated in the same county as the child support order, I suppose they could somehow become aware of the inheritance. I would not worry about it. If the inheritance comes to you directly, such as a beneficiary on an insurance policy or a bank account, it would not even be part of any probate upon your father's death.

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Answered on 1/10/11, 1:07 pm


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