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Florida Statute 732.108 | Lawyer Caselaw & Research
F.S. 732.108 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 732.108

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.108
732.108 Adopted persons and persons born out of wedlock.
(1) For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent’s family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent’s family or any prior adoptive parent’s family, except that:
(a) Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent’s family.
(b) Adoption of a child by a natural parent’s spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent.
(c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.
(2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mother’s family. The person is also a descendant of his or her father and is one of the natural kindred of all members of the father’s family, if:
(a) The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.
(b) The paternity of the father is established by an adjudication before or after the death of the father. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph.
(c) The paternity of the father is acknowledged in writing by the father.
History.s. 1, ch. 74-106; s. 11, ch. 75-220; s. 7, ch. 77-87; s. 1, ch. 77-174; s. 2, ch. 87-27; s. 954, ch. 97-102; s. 8, ch. 2007-74; s. 2, ch. 2009-115.
Note.Created from former ss. 731.29, 731.30.

F.S. 732.108 on Google Scholar

F.S. 732.108 on Casetext

Amendments to 732.108


Arrestable Offenses / Crimes under Fla. Stat. 732.108
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.108.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DIXON, v. BELLAMY,, 252 So. 3d 349 (Fla. App. Ct. 2018)

. . . heirship because the Florida Legislature carved out a new cause of action in the 2009 amendment to section 732.108 . . . The Rose court held that the Florida Legislature did not make the amendment to section 732.108(2)(b) . . . As Rose provides, This is so because by the time the 2009 amendment to section 732.108(2)(b) took effect . . . Thus, while section 732.108(2) (b) as amended in 2009 provided relief to similarly situated individuals . . . Accordingly, as there is no explicit statutory language in the 2009 amendment to section 732.108(2)(b . . .

C. ROSE, v. SONSON Co- R., 208 So. 3d 136 (Fla. Dist. Ct. App. 2016)

. . . Statute (1986), the applicable statute of limitations; second, because the 2009 amendment to section 732.108 . . . intestate succession, does not apply retroactively; and, third, even if the 2009 amendment to section 732.108 . . . Rather, reasoning that because section 732.108(2)(b) did not expressly remove paternity adjudications . . . See Ch. 2009-115, § 2, at 1508, Laws of Fla.; § 732.108(2)(b), Fla. . . . Thus, while section 732.108(2)(b) as amended in 2009 provided relief to similarly situated individuals . . .

In ESTATE OF E. MURPHY. v. E. R. III, R. II,, 184 So. 3d 1221 (Fla. Dist. Ct. App. 2016)

. . . Respective Shares on July 28, 2014, implementing an intestate succession plan pursuant, to section 732.108 . . .

KEMP ASSOCIATES, INC. v. CHISHOLM,, 162 So. 3d 172 (Fla. Dist. Ct. App. 2015)

. . . Pursuant to sections 63.172 and 732.108, Florida Statutes, "an adoption terminates the legal relationship . . .

RETUYA, a. k. a. v. SECRETARY, DEPARTMENT OF HOMELAND SECURITY, III, A. USA,, 412 F. App'x 185 (11th Cir. 2010)

. . . . § 732.108(2), provides that, “[f]or the purpose of intestate succession,” a child born out-of-wedlock . . . However, Fla.Stat. § 732.108(2) only applies in the limited context of intestate succession. . . . Admittedly, the State Department’s own Foreign Affairs Manual refers to Fla.Stat. § 732.108(2) as a means . . . The language of Fla.Stat. § 732.108(2) is what controls, and that language limits the applicability of . . .

W. DOE, III v. SUNTRUST BANK, W. Jr. W. Jr. a a, 32 So. 3d 133 (Fla. Dist. Ct. App. 2010)

. . . testing is authorized for a determination of paternity for a person born out of wedlock under section 732.108 . . . this case, the guardian for Madelin properly sought an adjudication of paternity pursuant to section 732.108 . . . Madelin filed a second motion, this time citing section 732.108(2)(b), Florida Statutes (2005), which . . . After a hearing, the court, citing section 732.108, granted Madelin’s motion. . . . See § 732.108(2). . . . See § 732.108(2)(b). . . . Section 732.108(2)(b) provides: (2) For the purpose of intestate succession in cases not covered by subsection . . .

G. S. v. T. B., 985 So. 2d 978 (Fla. 2008)

. . . See § 732.108, Fla. Stat. (2005). . . .

SIMPSON, v. In ESTATE OF NORTON,, 949 So. 2d 262 (Fla. Dist. Ct. App. 2007)

. . . delayed in filing an inventory list, that counsel for the estate did not provide proof under section 732.108 . . .

R. GLOVER, v. MILLER,, 947 So. 2d 1254 (Fla. Dist. Ct. App. 2007)

. . . Section 732.108, Florida Statutes (2006) provides: (1) For the purpose of intestate succession by or . . . Jerrod was a lineal descendant of Miller within the meaning of section 732.108(2)(b), so he is an heir . . . Section 732.108(2)(b) does not create a separate independent cause of action to establish paternity. . . .

FAGAN, v. M. CRAMER,, 877 So. 2d 945 (Fla. Dist. Ct. App. 2004)

. . . It found that Fagan had not offered any evidence to comply with the requirements of section 732.108(2 . . . Section 732.108(2) provides: (2) For the purpose of intestate succession in cases not covered by subsection . . .

ACHUMBA, v. L. NEUSTEIN, M. D., 793 So. 2d 1013 (Fla. Dist. Ct. App. 2001)

. . . . § 732.108(2)(b), Fla. Stat. (1985). . § 768.18(1), Fla. Stat. (2000). . . .

J. THURSTON, v. THURSTON,, 777 So. 2d 1001 (Fla. Dist. Ct. App. 2000)

. . . order denying her petition which sought a determination that she was a lineal descendant under section 732.108 . . . Appellant argues that the trial court erred in ruling (i) that a proceeding under section 732.108(2)( . . . We agree with the trial court that a proceeding under section 732.108(2)(a) is an action relating to . . . The instant action was brought under subparagraph (a) of section 732.108(2). . . . Ann. 59 (West 1995)(annot. to § 732.108, Fla. . . .

J. SANDERS II, By WAKEFIELD, f k a v. S. APFEL,, 85 F. Supp. 2d 1275 (M.D. Fla. 1999)

. . . The intestate succession of children born out of wedlock is governed by Florida Statutes § 732.108(2) . . . Fla.Stat. § 732.108(2)(c) requires no particular form of written acknowledgment. . . .

L. J. R. L. J. R. II, v. T. T., 739 So. 2d 1283 (Fla. Dist. Ct. App. 1999)

. . . protection grounds statute rendering illegitimate child ineligible to inherit from father by intestacy); § 732.108 . . .

WILLIAMS, v. ESTATE OF PENDER,, 738 So. 2d 453 (Fla. Dist. Ct. App. 1999)

. . . the child of Wilmer by Wilmer’s former employee], the trial court apparently did not consider section 732.108 . . . However, the standard of proof under section 732.108(2)(b) should be clear, strong and unequivocal, that . . . Since the trial court did not consider the evidence in terms of section 732.108(2)(b), we reverse and . . .

J. HOLMEN, G. J. O. J. G. v. HOLMEN, RAHN,, 697 So. 2d 866 (Fla. Dist. Ct. App. 1997)

. . . Holmen, settled the question of paternity for purposes of intestate succession pursuant to section 732.108 . . . We affirm a summary judgment holding that section 732.108 controls. . . . The mother then moved for summary judgment grounded on section 732.108(2), which provides: (2) For the . . .

In ESTATE OF W. SMITH, S. WILSON, v. I. SCRUGGS,, 685 So. 2d 1206 (Fla. 1996)

. . . 95.11(3)(b) did not apply to bar Scruggs from bringing a paternity action in probate under section 732.108 . . . The court reasoned that section 732.108(2)(b), which was enacted in 1974, created a new statutory cause . . . Nor do we agree that section 732.108(2)(b) creates a separate and distinct statutory cause of action . . . Odom, however, was concerned with reconciling section 732.108(2)(b), which allows an adjudication of . . . We also disagree with the premise that section 732.108(2)(b) creates an independent cause of action. . . .

In ESTATE OF W. SMITH, I. SCRUGGS, v. S. WILSON Co- H. H. C. G. O. S., 640 So. 2d 1152 (Fla. Dist. Ct. App. 1994)

. . . .” § 732.108(2)(b), Fla.Stat. (1991) (e.s.). . . . Section 732.108(2)(b) does not by its terms require the adjudication of paternity by an action pursuant . . . by the trial judge, section 95.11(3)(b), applies to the present action, brought pursuant to section 732.108 . . . Florida, the legislature has already decided that paternity may be proven after the father’s death. § 732.108 . . .

BREEDLOVE, v. In ESTATE OF BREEDLOVE,, 586 So. 2d 466 (Fla. Dist. Ct. App. 1991)

. . . contending, in essence, that Christopher was not a lineal descendant within the meaning of section 732.108 . . . See section 732.108(2)(a) and (c). . . . However, the standard of proof under section 732.108(2)(b) should be clear, strong and unequivocal, that . . . Since the trial court did not consider the evidence in terms of section 732.108(2)(b), we reverse and . . . manner, we do not reach Christopher Breed-love’s point challenging the constitutionality of section 732.108 . . .

BARNETT BANKS TRUST COMPANY, N. A. v. POPE,, 46 Fla. Supp. 2d 192 (Fla. Cir. Ct. 1991)

. . . Trustee alleges in the Amended Complaint that § 732.108 Fla. . . . At trial, Trustee receded from this position when the Court pointed out that § 732.108 Fla. . . .

BAKER BAKER, Jr. v. SULLIVAN,, 880 F.2d 319 (11th Cir. 1989)

. . . Florida Statute section 732.108 governs intestate succession and the inheritance rights of persons born . . . Fla.Stat.Ann. § 732.108(2)(b)-(c) (Supp. 1989). . . .

In ESTATE OF ROBERTSON,, 520 So. 2d 99 (Fla. Dist. Ct. App. 1988)

. . . appellant contends that Nicole cannot be “one of the natural kindred of the deceased” under section 732.108 . . . Williams and Jerrido, however, although decided in 1976, interpreted not section 732.108, Florida Statutes . . .

ATWELL, v. SACRED HEART HOSPITAL OF PENSACOLA,, 520 So. 2d 30 (Fla. 1988)

. . . Section 732.108(2), Florida Statutes (1985), makes children born out of wedlock the lineal descendants . . .

KING, v. ESTATE OF ANDERSON,, 519 So. 2d 67 (Fla. Dist. Ct. App. 1988)

. . . age, claimed to be entitled to an interest in the estate as an illegitimate heir, pursuant to section 732.108 . . .

In ESTATE OF KANEVSKY, KAY, v. SWARTZ,, 506 So. 2d 1101 (Fla. Dist. Ct. App. 1987)

. . . In reaching its conclusion that Perry should share in the estate under sections 63.172(2), 732.108(1) . . . recognized in both the Florida Adoption Act (F.S. § 63.172(2)) and the Florida Probate Code (F.S. § 732.108 . . . children by blood for inheritance purposes, the term “natural”, as used in Florida Statute Section 732.108 . . .

HARRIS, v. J. BYARD,, 501 So. 2d 730 (Fla. Dist. Ct. App. 1987)

. . . The response further alleged that pursuant to section 732.108(2), Florida Statutes (1985), all the minor . . .

In GUARDIANSHIP OF D. A. McW. a, 429 So. 2d 699 (Fla. Dist. Ct. App. 1983)

. . . See § 732.108(2), Fla.Stat. . . . .

In ESTATE OF BROXTON, BROWN Jr. v. JOHNSON,, 425 So. 2d 23 (Fla. Dist. Ct. App. 1982)

. . . (unintelligible)” satisfies the acknowledgment requirement of Section 732.108(2)(c), Florida Statutes . . .

IN ESTATE ODOM, D. BERKEY, v. ESTATE ODOM,, 397 So. 2d 420 (Fla. Dist. Ct. App. 1981)

. . . Pursuant to section 732.108(2)(b), Florida Statutes (1979), appellant Donna D. . . . over the arguments of appellant that In re Estate of Burris, 361 So.2d 152 (Fla.1978), and section 732.108 . . . Although this court in Bell discusses the possibilities of an action under section 732.108(2)(b) for . . . As this court in Bell pointed out, clearly the legislature by enacting section 732.108(2)(b) intended . . . There the court examined section 731.29(1), Florida Statutes (1973), the predecessor to section 732.108 . . .

In ESTATE OF MOONEY, MOONEY, v. MOONEY,, 395 So. 2d 608 (Fla. Dist. Ct. App. 1981)

. . . However, pursuant to sections 63.172 and 732.108, Florida Statutes (1979), which were in effect at the . . . The probate court further found that if section 732.108, Florida Statutes (1979), was applied to deprive . . . applied in this case did not deprive Ray Alan of any vested rights and therefore sections 63.172 and 732.108 . . .

In ESTATE OF S. DONOYAN, a k a S. WILBURN, a k a v. DONOYAN, S. a k a S., 393 So. 2d 615 (Fla. Dist. Ct. App. 1981)

. . . for judgment on the pleadings was filed and heard by the trial judge, before whom it was urged that § 732.108 . . . was correctly decided by the trial court in holding that Ralph Donald falls within the purview of § 732.108 . . . abundance of statistical information regarding the increase of illegitimacy and the social reasons why § 732.108 . . . it holds the statute is constitutional and that Ralph Donald Wilburn comes within the purview of § 732.108 . . .

ESTATE G. HUSKEA, J. J. v. DOODY,, 391 So. 2d 779 (Fla. Dist. Ct. App. 1980)

. . . conclusion that to find against the natural son would require a retrospective application of Section 732.108 . . . Retrospective application of Section 732.108(1) would have occurred only if the date of death had been . . .

G. LEWIS, v. GREEN, III, 389 So. 2d 235 (Fla. Dist. Ct. App. 1980)

. . . Section 732.108(1), Florida Statutes (1979), provides: For the purpose of intestate succession by or . . . 1470, 131 So. 400 (1930). 28 Am.Jur.2d Estates § 276 (1966). 80 Am.Jur.2d Wills § 1434 (1975). . § 732.108 . . . The court said this statute was based on the first adoption statute in Florida of 1885. . § 732.108(1 . . . In re Levy’s Estate, 141 So.2d 803 (Fla. 2d DCA 1962) was clearly “overruled” by § 732.108(1), Fla.stat . . .

TURNER v. WEEKS S., 384 So. 2d 193 (Fla. Dist. Ct. App. 1980)

. . . Moreover, there is another statute, Section 732.108, Florida Statutes (1979), which deals with the effect . . .

STATE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, GILLESPIE, v. WEST,, 378 So. 2d 1220 (Fla. 1979)

. . . Section 732.108(2)(b), Florida Statutes (1977). . . .

BELL, v. E. SETZER,, 375 So. 2d 61 (Fla. Dist. Ct. App. 1979)

. . . Section 732.108(2)(b), Florida Statutes (1977), states that a person born out of wedlock is a lineal . . .

In ESTATE C. BURRIS,, 361 So. 2d 152 (Fla. 1978)

. . . This new statutory modification, Section 732.108, Florida Statutes (1977), did not take effect until . . . Section 732.108(2), Fla.Stat. (1977) states: For the purpose of intestate succession in cases not covered . . .

R. TENOPIR, v. BOLES ESTATE,, 342 So. 2d 130 (Fla. Dist. Ct. App. 1977)

. . . .-29, Fla.Stat.1973, was a part; that now under § 732.108, Fla.Stat.1975, (the new code) no written acknowledgment . . . of parentage is necessary; that the probate court should have recognized § 732.108, Fla.Stat. 1975, . . . The appropriate statute under the new Code, § 732.108 provides in pertinent part as follows: “Adopted . . .

GAMMON, v. COBB,, 335 So. 2d 261 (Fla. 1976)

. . . Section 732.108, Florida Statutes, Chapter 74-106, Laws of Florida, permits a child born out of wedlock . . . also be deprived from inheriting from either father in case of intestacy under the provisions of § 732.108 . . .