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Can an Illegitimate Child or Child Born Out of Wedlock Inherit from Their Biological Father in the Orlando, Florida Area?

Whether an Illegitimate Child or Child Born Out of Wedlock can inherit from their Biological Father depends on many factors. The first question to ask is whether the Biological Father died Testate or Intestate. Testate means the Biological Father had a will. Intestate means the Biological Father died without a will. Of course, if there is a will, there is still the issue of whether that will is valid. 

Review the Will

If there is a valid will, then the question is whether the Biological Father made provisions in the will for the Illegitimate Child or Child Born Out of Wedlock to inherit under the will. If the Illegitimate Child or Child Born Out of Wedlock is included in a valid will, then they can inherit under the will. If they are not included in a valid will, then they cannot inherit under the will. An attorney would need to review the language of the will for you to determine this. 

Rules of Intestate Succession

If there is no will, and the Biological Father died Intestate without a will, then there needs to be an analysis of whether the Illegitimate Child or Child Born Out of Wedlock may inherit from the Biological Father under the Rules of Intestate Succession. Was Paternity ever legally established during the Illegitimate Child or Child Out of Wedlock’s majority? What proof of paternity does the Illegitimate Child or Child Born Out of Wedlock have showing paternity was legally established before they turned eighteen (18) years of age? These questions will need to be answered. 

Florida Statutes

Florida Statute 731 deals with the establishment of paternity before the child turns eighteen (18) years of age. Further, if Paternity was not established before the Illegitimate Child reached majority, then was Paternity established within four (4) years of reaching majority? That is important because there is a four (4) year statute of limitations, beginning when the individual reaches the age of majority, to any action relating to the determination of paternity. See Florida Statute 95.11(3)(b). Many courts have determined that the statute of limitations applies to actions in probate brought under Florida Statutes 732.108(2)(a) and (b). 

If you have more questions regarding a Probate and/or Paternity matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.