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.
2 Answers from Attorneys
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).
The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.
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