Legal Question in Wills and Trusts in Florida
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My parents have been divorced for about 27 years and were separated 40 years and he never paid child support or alimony. He recently past away and left a nice size estate. He left the estate to my half brother, who lives Paris France, and he was never married to his mother. He was an alcoholic who in my opinion was of not sound mind and judgement. My father, my mother and myself live in Florida. My question is do I have any possible claim to his estate and or any recourse for the child support? My parents have been divorced for about 27 years and were separated 40 years and he never paid child support or alimony. He recently past away and left a nice size estate. He left the estate to my half brother, who lives Paris France, and he was never married to his mother. He was an alcoholic who in my opinion was of not sound mind and judgement. My father, my mother and myself live in Florida. My question is do I have any possible claim to his estate and or any recourse for the child support? Cancel
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1 Answer from Attorneys
Under Florida law you may have a claim to portion of the Estate. The fact that he never married the mother of your half-brother is technically irrelevant. You both could be entitled to a portion of his Estate. If the will is being probated then you should hire an attorney to represent you in contesting the will and laying a claim to your share of his estate.
A review of the will would be necessary to determine if your father successfully excluded you from his estate. If not, then you should not have a problem finding a probate attorney to help you out. However, you need to consider acting on this soon, and hopefully prior to any probate proceedings.
One other note, your entitlement to your father's estate is not based on his failure to pay child support.
My office can assist you in finding a probate attorney in the Palm Beach County area, or assist you ourselves. We represent estates and personal representatives all over the state of Florida.
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