Does a Non-Marital Child Have a Right to Inherit From the Father?
West Palm Beach probate lawyers know that, according to Florida law, a non-marital child is recognized as a child of the mother. What does this mean? This means that the child may inherit from and through the mother. Also, the mother may inherit from and through the child. But what about the father? Can a non-marital child inherit from the father? You may want to read Florida Statute 732.108.
Trust and estates attorneys in Florida know that a non marital child does not have a right to inherit from the father unless:
- The natural parents marry, before or after the birth of the child. What if the marriage is void? It still counts and the child may still inherit from the father;
- paternity is established by adjudication before or after the father’s death;
- the father acknowledges paternity in writing.
Here is the statute in its entirety:
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:
(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: