Legal Question in Wills and Trusts in Florida

Rights of children

Mother lives in Florida near my sister. I live in NJ. All our lives there has been an estranged relationship with Mom. She was in one of her ''states'' and said she is leaving everything she has to a charity. She stated she has this in a will. What rights do we have to stop this. We both have 1 child each and would like to see the 2 properties in Fl be left to our minor children. She will not discuss anything with either of us. At the present time she is ill and will not freely discuss her health. She will not give us any of her doctors names.

Thank you.


Asked on 8/12/05, 10:26 am

2 Answers from Attorneys

Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Rights of children

Children do not have an automatic right of inheritance. Assuming your mother was competent when she signed her will, and not under any duress or undue influence, she can leave her property to anyone, charities included.

Also, since you indicate that there has always been an 'estranged relationship' with your mother, the fact that she may not include you in her will does not seem unusual to me.

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Answered on 8/12/05, 10:34 am
Walter LeVine Walter D. LeVine, Esq.

Re: Rights of children

I concur with Jon that you have no automatic rights or entitlements to inherit and that any Will made by your Mom, presuming she was mentally competent and not under undue influence or duress by the persons or entities to whom she leaves her assets by her Will, will be valid. She has every right to disinherit her children, if she meets the minimal tests of competency. Only spouses are protected from disinheritance, although with limitations. Likewise, she is not required to provide or share any of her medical information with you. You acknowledge "there has always been an estranged relationship" so her attitude is not unusual and explains her rationale. I suggest, although it may be too late, you try to repair whatever has caused the estrangement, before she passes on. Maybe her grandchildren, even if youngsters, may be the means of bringing the family back together.

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Answered on 8/12/05, 11:46 am


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