Maradona was survived by eight children from six different partners and died without a last will and testament (of course). This is just ripe with all of the ingredients for a huge familial fight. We have (1) a time of high stress (2) a sizeable estate, (3) multiple individuals with conflicting interests, and (4) unclear direction. I’m curious to see how they navigate this mess.
To further the drama, Maradona had publicly stated that he wished to donate his estate and not leave his children anything. Should Maradona have been a Florida resident, under the Florida laws of intestacy (without a will), his next-of-kin (legal spouse and/or children), and not charities, would be his beneficiaries and receive his estate.
This begs the question, could Maradona have drafted a Florida last will and testament and disinherited his children? We know that there are certain rules to protect spouses form each other, but what about these pesky kids, can we drop them like they’re hot? The answer is yes. In Florida, you may disinherit your children in a valid last will and testament.
This is not the case under Argentine law. In Argentina, children are entitled to a mandatory distribution of a decedent’s legacy and they cannot be disinherited, even though a last will and testament. A person may only give a fifth of his assets to someone other than their spouse or children in an Argentine last will.
I’m sure Maradona’s story is far from over in the Argentine Courts, this appears to be just the beginning.
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