Legality of disinheriting adult children in Florida

[Bruce Davis IX]

What is the name of your state (only U.S. law)? Florida

Hello. Please advise me what rights under law are applicable in this situation. My grandmother passed away June 2009 in Florida. During the last five years of her life, one of her sons essentially took control of the situation and prevented all access to her from any of her adult children. It was easy for him to do this because he is the only child who resides in Florida. All her other adult children reside out of state. He became her power-of-attorney five years ago.

The will was filed for probate and... surprise... he is the personal representative and... surprise surprise... each child is disinherited except for him, who is left the entire estate.

I understand Florida law recognizes "child" and "minor" (under 18) differently. I understand there is - or was - a provision in Florida law stipulating that a child could not be disinherited without legitimate reason, and is at the least entitled to some type of allowance from the estate. I saw this somewhere last year, and of course, now I cannot locate it I do see different sites for Florida personal attorneys saying a child can be disinherited.

I am especially interested in what is correct under the law as it stands. Let me know if any more details could help with assisting me. Thank you.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Florida

Hello. Please advise me what rights under law are applicable in this situation. My grandmother passed away June 2009 in Florida. During the last five years of her life, one of her sons essentially took control of the situation and prevented all access to her from any of her adult children. It was easy for him to do this because he is the only child who resides in Florida. All her other adult children reside out of state. He became her power-of-attorney five years ago.

The will was filed for probate and... surprise... he is the personal representative and... surprise surprise... each child is disinherited except for him, who is left the entire estate.

I understand Florida law recognizes "child" and "minor" (under 18) differently. I understand there is - or was - a provision in Florida law stipulating that a child could not be disinherited without legitimate reason, and is at the least entitled to some type of allowance from the estate. I saw this somewhere last year, and of course, now I cannot locate it I do see different sites for Florida personal attorneys saying a child can be disinherited.

I am especially interested in what is correct under the law as it stands. Let me know if any more details could help with assisting me. Thank you.

**A: get all your siblings together and concentrate on disputing the will in probate court. Your approach is not the correct one.

 

[Bruce Davis IX]

Thank you for the quick reply. But can you please explain what you mean by, "Your approach is not the correct one."?

I also realize that a united front would be much better and probably more effective than going it alone in this situation.

 

[curb1]

Did "grandmother" sign the will? Is there any provable indication that "grandmother" was mentally manipulated?

Are you suggesting that "grandmother's" children from out of state never visited her? You said, son"prevented all access to her from any of her adult children".

 

[Bruce Davis IX]

Did "grandmother" sign the will? Is there any provable indication that "grandmother" was mentally manipulated?

Are you suggesting that "grandmother's" children from out of state never visited her? You said, son"prevented all access to her from any of her adult children".

I could cite specific examples, but suffice it to say threats made against individual siblings, some warning them to stay away, in my opinion, constitute a hostile and threatening environment an otherwise prudent person would likely choose to avoid.

May I ask why you keep placing the word "grandmother" in quotes?

 

[anteater]

What is the name of your state (only U.S. law)? Florida

I understand Florida law recognizes "child" and "minor" (under 18) differently. I understand there is - or was - a provision in Florida law stipulating that a child could not be disinherited without legitimate reason, and is at the least entitled to some type of allowance from the estate. I saw this somewhere last year, and of course, now I cannot locate it I do see different sites for Florida personal attorneys saying a child can be disinherited.

I am especially interested in what is correct under the law as it stands. Let me know if any more details could help with assisting me. Thank you.

You can't locate it because it is not there.

HomeGuru is correct in saying:

**A: get all your siblings together and concentrate on disputing the will in probate court. Your approach is not the correct one.

To expand on it:

Reading between the lines, I take it that the other children are mentioned and the will states that the other children do not receive anything. (?) Case law in some states favors what might be called a "natural distribution" when there is no mention of the children at all. I don't know about Florida. But it is difficult to argue that a child or children were somehow overlooked when there is at least a recognition of them in the will.

Which leaves an argument of coercion or undue influence. A tough case to make, but not impossible.