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How do you include a minor child in a decesed mans will or estate?

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J

jjelly3

Guest
Lets say a man dies 9 years after signing a court ordered judgement, by a judge (Florida), releasing him of all obligations to his daughter. The child is now 16. The child has never been adopted by another man. Can the mother or child request that the child be included in the will or estate of the man? If so, what would be her first step? Who would she contact?
 


ALawyer

Senior Member
If there were any assets in the deceased's estate, she would first contact a lawyer in the state where he died and bring a copy of the papers that were signed. Depending on what his Will said, if any, she might have a claim.
 
J

jjelly3

Guest
let me go a little deeper w/ this. The man is terminally ill and will die w/ in the next 2 years. He signed off on the child 5 years ago. The child was not adopted by any one else. The mother thinks that she can have the judgement reversed and collect back support. And also be able to include the child in the will and estate. Apperently there is some sort of estate and $. I am assuming that the child is not included at this point in the will/estate. Is she reaching or should she just leave alone and wait and after death stake a claim.? (I know this may all seem "cold hearted" the man was very abusive to the mother and nearly killed her on several ocasions.) This is why she had him sign off on her , so all ties were cut, to avoid a sure tradgedy. I once asked a lawyer how one could just sign off on a child, and he told me it is not possible, the parent has to carry some responsibility. The mother claims that he signed off all obligations, it is a judgement by a judge, BUT, I believe the ex still carries insurance on the child, so does he still have a tie to the child,? there for she would have a claim to add her into will/estate??
Thanks for help.
 

ALawyer

Senior Member
If she believes there is money there she should invest something and get good, local legal advice to protect the child's rights.
 

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