Jacksonville, FL asked in Estate Planning and Probate for Florida

Q: My grandparents had custody of me since I was 13. I am now 24, and they both passed away. They left have of their estate

To me. The other grandchildren are trying to protest the Will, saying they deserve something too. Can they? Am I considered my grandparents child since they had custody/guardianship over me thru the courts?

Related Topics:
2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: If there is a legal and valid Will that rules the day, whatever they left you in a legal Will is indeed yours, they can try to fight it and make claims, but it is likely a long losing shot on their part unless there was some sort of undue influence or such that can be proven related to the drafting of the Will and related estate planning documents. There is no responsibility whatsoever of a parent to leave anything to a child, a surviving spouse and children under 18 have rights related to their parents, adult children have no guaranteed right of anything, a parent has a right to leave everything to a complete stranger if they prefer in their Will, the point is, there is no guaranteed right of anything for an adult child if a parent decides otherwise. You likely should and will need to retain your own probate attorney in order to stay on top of these matters and make sure what is being doing probate wise is proper, timely and otherwise correct as far as your interests are concerned.

Terrence H Thorgaard and Stephen Arnold Black agree with this answer

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

A: And no, you are not their child. So, if the will were determined to be invalid somehow, you might inherit as their grandchild, but not as their child.

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.