Q: i am interested in learning if I have a right to make a claim to my fathers estate.
My father passed away October 29. He was never married to my mother and his name is not on my birth certificate. He did not tell me he was my father until I was in my 20's. We did not have any kind of relationship. He never provided for me in any way while I was growing up (on and off welfare). I never asked him for anything and he never offered anything. He was always on the 'outskirts' of my life, he knew where i was, he would occasionally make contact (ie; wishing me happy birthday thru facebook messenger). He was a man of means, a mayor, lived comfortably, his children with his wife live comfortably.
A: The Florida Probate Code states that you would need to have some proof that you were his child. This could be in the form of a written statement by him acknowledging that he is your father or an adjudication of paternity by a court (either in a paternity case or in a child support case). One of these two items would be required if his name is not on your birth certificate.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.