Legal Question in Wills and Trusts in Florida

My sister in law passed away last month. She has 3 children one of which is in prison for murder and will never be paroled. My question is does he have any legal recourse to sue the other 2 children for his 1/3 of the money that they received from selling my sister in laws camper trailer that she lived in?

He is threatening to sue them for "his" 1/3.


Asked on 9/15/10, 4:07 pm

2 Answers from Attorneys
Latangie Williams Law Office of Latangie Williams, P.A.

Yes, the incarcerated child is entitled to his share of his deceased mother's estate unless he was purposefully omitted from the will (if there was one). If the mother died intestate (without a will), then other two children may face a lawsuit as the estate is required by law to be divided amongst the mother's issue (or blood children).

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Answered on 9/20/10, 5:56 pm
Richard Kaplan

Yes assuming there is no Will disinheriting him.

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Answered on 9/20/10, 7:12 pm


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