Legal Question in Wills and Trusts in Florida
Rights of Adult Children
I have 4 adult children resulting from my 13 yr marriage to their father. He remarried and retired 2 yrs ago and moved to Fla last year. He passed away last week without a Will. His estate estimated at about $550,000 - $1M includes his pension, which he transferred to an IRA when he retired. My children, his heirs have been told that they have no rights to claim from this estate since he put all the money in a joint stock account with his new wife. Is there anything that can be done? Is this in fact true? I divorced him in 1977 but never got alimony or child support for them. I was their sole support and it just doesn't seem fair that they would have no rights if he 'willingly and knowingly' left them out. My children live in NJ and NY.
1 Answer from Attorneys
Re: Rights of Adult Children
Assets held jointly go to the survivor not the estate.