Probate is never easy, but when families are estranged, the process often becomes more complicated and emotional. Estranged children, siblings, or spouses may suddenly reappear to claim part of the estate, leading to disputes that delay the probate process for months or even years. A Miami probate lawyer helps families navigate these disputes, defend valid wills, and protect estates from unnecessary conflict.
In Miami, with its diverse and sometimes complex family dynamics, probate lawyers often handle cases involving estranged relatives. Understanding how Florida law treats these situations can help families prepare and protect their loved one’s legacy.
What Does “Estranged” Mean in Probate?
An estranged relative is someone who is legally related to the deceased but no longer has a close relationship. Examples include:
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Adult children who haven’t spoken to a parent in decades.
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Ex-spouses or separated spouses not yet divorced.
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Siblings who have had long-standing conflicts.
📌 Important: Florida probate law does not consider estrangement. If someone is legally entitled under a will or intestacy law, they may still inherit—even if they had no relationship with the deceased.
Estranged Families & Florida Intestate Law
When there’s no will, Florida’s intestacy laws apply. That means:
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Estranged spouses still inherit under intestacy rules unless legally divorced.
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Estranged children inherit equally with other children, regardless of the relationship.
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Stepchildren who were never adopted are excluded, estranged or not.
👉 This often creates conflict when close family members feel an estranged relative “doesn’t deserve” to inherit.
Common Probate Conflicts with Estranged Families
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Will Contests
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Heirs may argue the deceased was influenced to cut them out of the will.
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Executor Battles
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Estranged children or spouses may fight to serve as personal representative.
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Inheritance Disputes
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Close relatives may resent estranged heirs who inherit equal shares.
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Creditor-Like Claims
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Estranged spouses may file for elective shares or family allowances.
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How a Probate Lawyer Handles Estranged Family Disputes
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Validating Wills → Ensures the will was properly executed to prevent challenges.
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Mediating Conflicts → Works with all heirs to avoid costly litigation.
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Litigating When Needed → Represents clients when disputes cannot be resolved outside of court.
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Protecting Executor Duties → Advises personal representatives on handling difficult heirs.
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Enforcing Florida Law → Prevents estranged relatives from overstepping their legal rights.
📌 Example: A Miami father left his estate to his two daughters, excluding his estranged son. The son contested the will, but the probate lawyer defended it successfully, preserving the father’s wishes.
Estate Planning Tips to Avoid Estranged Family Conflicts
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Update Wills Regularly → Ensure documents reflect current family relationships.
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Use Trusts → Provide more control over distributions and reduce disputes.
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Write Letters of Intent → Explain inheritance decisions to reduce surprises.
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Consider No-Contest Clauses → Discourage estranged heirs from challenging the will.
👉 A Miami estate planning lawyer can help prevent estranged relatives from disrupting probate in the future.
FAQs About Estranged Families in Probate
Q: Can an estranged child inherit in Florida?
👉 Yes, unless specifically disinherited in a valid will.
Q: What if an estranged spouse is separated but not divorced?
👉 They are still considered a surviving spouse and inherit under Florida law.
Q: Can a will cut out estranged relatives completely?
👉 Yes, but the will must be legally valid and may still be challenged in court.
Conclusion
Estranged relatives can create major challenges in Miami probate cases. Florida law often gives them inheritance rights, regardless of family history.
📞 If you’re facing probate involving estranged relatives, contact our Miami probate lawyers today. We’ll guide you through the legal process and safeguard your loved one’s wishes.
