Can a child sue the estate on behalf of her mother as well as her future interest

Asked about 4 years ago - Jacksonville, FL

grandmother passed away and left the estate to be share amongst four adult children., No will has been provided to child's mother who is a beneficiary. Have not provided accounting of disbursments theadministrator is also a beneficiary. mother's disbursments have not changed without notice and only getting small percentages while othners are not. If mother passes away, her share goes to other 3 brothers and not to child. mother has drug issues. can child sue to protect mothers interests as well as her own. child is in will too

Additional information

I meant have now changed without notice. and didn't mention that they all have a copy of will from beginning but have not provided her mother with one.

Attorney answers (1)

  1. Dan W. Armstrong

    Contributor Level 14

    Answered . If you need a copy of the Last Will & testament, go downtown on Bay Street to the Probate Departement at the court house on the first floor and ask for a copy of the Will and they will only charge you a copy fee. If the child has the Power of Attorney (“POA”) and named as the parents attorney in fact (“AIF”), that AIF can act and sue on behalf of the parent under the assumption that the parent has ask the AIF to ac ton their behalf presumably because of the parents drug issues. You can sue on behalf of the parent if you are the AIF in their POA and if you are named as a beneficiary in the Will you may act individually. See someone that does probate and or just consult with them to insure your inheritance.

    The probate system has a bad reputation, as something always to be avoided. Like most institutions, the probate system is sometimes wrongfully criticized by those who are misinformed. Probate is the process by which a decedent’s bills are paid and property held in the decedent’s name alone are transferred by court authorization, in accordance with the decedent’s will, if there was one, or by general law if no will is found. The most common types of probate in Florida are formal administration and summary administration. Summary administration applies to probate assets less than $75,000 in total value, excluding the value for the homestead; attorney’s fees and court costs would amount to between $1500.00. The process takes approximately two weeks from beginning to end. Formal administration takes around five months or longer, in large part because of the three-month period for claims to be filed against the estate. Attorney fees for formal administration are specifically set forth in the Florida Statutes.
    If even one titled asset is in the decedent’s name alone at death, probate would still be necessary in order for title of that asset to be transferred. Life insurance proceeds also pass outside of the probate system, unless your estate is a beneficiary of the policy.


    See at probate attorney or see an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website has further information on probate. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    822 A1A North, Suite 303
    Ponte Vedra Beach, FL 32082
    (O) 904.280.0058, (F) 904.280.0109
    http://www.danarmstrong.com

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