Legal Question in Wills and Trusts in Florida

Re: When a Personal Rep Objects to heir's claim

You will need to prove you are his son. Was paternity ever established?

Re: When a Personal Rep Objects to heir's claim

This should be a simple question of fact. If you have evidence to show you are his son, then you win.

What does your birth certificate say? What will your mother say?

You are welcome to a consultation for no fee. Its best to use email to make an appointment.

Re: When a Personal Rep Objects to heir's claim

Based upon the facts as you state them you are entitled to a portion of the estate. Since this is clearly going to be a contested matter you need to retain counsel in Florida as soon as possible.

Re: When a Personal Rep Objects to heir's claim

It appears the sole issue is your establishment that the decedent was actually your father. If you have been acknowledged as his son (e.g., he is named on your birth certificate as the father) or you have other proof of his parenthood, you have equal rights to a portion of the estate. To protect yourself you need to immediately retain a Florida attorney to assert your rights and freeze any activity involving the estate until the issue is decided. If you do not know a local Florida attorney, you can call the County Bar Association and they should have a lawyer referral service. Interview several attorneys recommended, but act quickly.

Re: When a Personal Rep Objects to heir's claim

It is not clear whether the legal proceeding is in NY or Florida.

If the proceeding is in NY, and there is no Will, you are entitled to share in your father's estate. You will, of course, be required to establish that you are in fact his son.

Please feel free to contact me if you need the assistance of a NY attorney.

Best of luck.