Apopka, FL asked in Estate Planning and Probate for Florida

Q: Hello, My wife and I are in our early 60's and have been married 38 years.

We are estranged from our 34 year old son.

The last contact I had with my son was in February 2020, as my father-in-laws time drew near, we called our son to make him aware of his grandfathers health & to give him the opportunity to say goodbye to him. This was met with no response.

Yesterday I received a "Cease & Desist" letter from an attorney in Canton Georgia (regular mail, copy available). The letter alleges that I am harassing my son and goes on to detail the legal and law enforcement options available to him to prosecute me.

Today there is certified mail coming from the same law firm for me, apparently a certified copy of what they already mailed to us.

My questions are these:

1) Do I refuse this certified mail?

2) Since we have no intent nor desire to have further contact with him should we reply to him or his attorney with a "cease & Desist" letter of our own?

3) Can I send a notice of disinheritance to him or his attorney or both? Thank You.

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3 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You should ignore them and not waste any time and effort and expense on doing anything whatsoever. Your son will be well aware of being disinherited at some future point in time. You have zero obligation to leave anything to an adult child whatsoever.

Terrence H Thorgaard and Nina Whitehurst agree with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: 1) No; if it's the same letter, it really doesn't matter.

2) No; again, no point.

3) And no. A "notice of disinheritance" would have no legal significance and would merely add fuel to the fire. When each of you die, and (presuming you have written wills actually disinheriting him), it will only be then that the wills have any legal effect. Just leave it alone.

Nina Whitehurst agrees with this answer

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: I agree with my colleagues and would add that you need to ACTUALLY disinherit your son, not just talk about it. Schedule an appointment now with an experienced estate planning attorney.

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