Legal Question in Wills and Trusts in Florida
sole living heirs
My father recently died, leaving 2 living heirs, myself and my half sister. A cousin wants to file a claim against the estate on the behalf of the 2 half sisters, an ex-wife and herself. My half sister wants to file a claim against the estate on the behalf of herself (and me) as sole living heirs. Since I am one of the sole living heirs, must I also file a claim (or join a claim being filed) against the estate in order to be entitled to a share. Or can I just not get involved, and if the court rules to the living heirs, would they not then just find me and give me the award accordingly?
2 Answers from Attorneys
Re: sole living heirs
You didnt say if your father left a will. Filing a claim is for the purpose of establishing and enforcing a debt your father would have owed during his lifetime, or a debt of the estate. It sounds like your family is contesting what they were or werent left. Get yourself an attorney to protect your interests!
Re: sole living heirs
I have read your question. It appears that you believe you are one of two heirs to your father's estate and that an ex-wife and several distant relatives have or will soon make claims on this estate. Given that starting point, I believe it is in your best interests to monitor this situation very closely. At the very least, you should be in contact with the personal representative. If you get involved early in the process you may even be able to help in selecting a personal representative. The steps you take now may affect how much money is later available to the heirs (and that could be you). I do suggest you need to talk to a lawyer on this one.
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