Estranged Children Still Have Legal Standing

Florida law does not automatically disinherit a child simply because the relationship was strained. Unless the parent legally removed the child from their estate plan, or certain exceptions apply, such as adoption by another family, an estranged child could still have standing to:

• Contest a will
• Challenge a trust
• Object to the appointment of a personal representative
• Demand a proper estate accounting
• Assert rights as a pretermitted (unintentionally omitted) child

This means that even if communication was limited or nonexistent before the parent’s death, the child’s legal rights remain protected.

Consider a recent Florida case involving a father who had become estranged from his adult son. Years before his death, the father created a will that left everything to a long-term partner. The son was not mentioned anywhere in the document. After the father passed away, the partner initiated probate, presenting the will and claiming full ownership of the estate.

The son, believing the will did not reflect his father’s true intentions, filed a challenge. He presented evidence that the father suffered from cognitive decline when the document was executed and that the partner had isolated him from family. The court ruled that there was enough evidence of undue influence to invalidate the will. As a result, the estate passed according to Florida intestacy laws, and the son inherited a significant share.

This case illustrates a critical point: estrangement does not eliminate the possibility of coercion, fraud, or manipulation by others. Courts will step in when evidence shows the parent’s free will may have been compromised.

How to Move Forward If You Were Wrongly Excluded

If you are an estranged child who believes something is not right, there are meaningful steps you can take. For one, gather evidence. Text messages, emails, medical records, and financial statements can demonstrate issues with estate documents. Additionally, you have the right to obtain copies of wills, trust documents, and court filings if you are an heir or interested person.

Seeking legal advice immediately is important as well. Florida probate deadlines are strict. Consult a Pompano Beach estate litigation lawyer as soon as possible.

Do you have questions about the probate process after a parent you were formerly close to passed away? Florida law recognizes that distance does not erase family ties. With guidance from the estate attorneys at Mark R. Manceri, P.A., you can ensure transparency and secure the inheritance you may be entitled to. Schedule a confidential consultation today.