Tampa, FL asked in Estate Planning for Florida

Q: My father passed and left no will, and a surprise to us half sibling

My half sister (both adults) and I are the beneficiaries on many accounts, but there are several that had none. He also had a home that I lived (and still live in) with a mortgage. I have been paying for the upkeep of the home since he passed. We found out that we have a minor half brother after he passed, he was paying child support and never met the boy who is 9. There was a registered agreement with the courts regarding child support and in the agreement my father was supposed to take out a 200k life insurance policy and give it to the mother. She was then supposed to receive proof of payment of the policy every year. There is no policy and she never asked for proof of it. Now she is suing the estate for the 200k in addition to portion of assets her son will already get. This will force the sale of my home. Since the policy was never purchased and she never asked for proof, how can she sue the estate? I am also being told that I will not recoup any home expenses since his passing.

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1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Orlando, FL
  • Licensed in Florida

A: If the terms of the court order required that Proof of an insurance policy is required to be produced by your father, and was not produced, then the Estate may argue that the mother of your minor half brother waived her rights because of her failure to act and her continued failure to act to bring a motion for contempt.

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