How “illegitimate” or non-marital children inherit under Florida law– inheriting from your parent under Florida probate law 732.108

Uncategorized • Aug 18, 2015

Can you inherit from your father or mother if you were born out of wedlock?

How do I inherit in Florida Probate from my dad who was not in my life?

Let’s say that you were born from a relationship between your mother and father but they were not married. Hypothetical.
Your dad is from Boca Raton and your mother is from Lake Worth and then your dad dies.
Maybe your dad got married, and had children with his spouse, and did not include you on any Boca Raton joint bank accounts.
In fact, your father did not include you in anything. Can you still inherit?
Maybe your mom married another man and had a family with her spouse. She did not include you in her estate planning documents like her Florida revocable trust or her last will.
There is a Florida probate that you learn about.
Your father died without a will. …..what West Palm Beach probate lawyers callintestacy.
You want to know under Florida probate law if you inherit a part of his Florida estate.
Are you an “heir at law” under the Florida probate code?
HOW MUCH do you inherit if your dad died in Florida without a will?

What does Florida probate law say about such children born outside of a marriage?
Years ago, you might call a child born out of wedlock illegitimate.
Now, in Palm Beach County, it is common, a recurring fact pattern, when a probate lawyer learns that someone had children with their spouse, or ex spouse, but also a child or more with a boyfriend, girlfriend, lover, friend, etc.
Can you inherit from a Florida probate if your dad had two families?
So, let’s assume that your parent never adopted you. Does this matter?
Well, the Florida Probate Code DOES have a law about inheritances and estates andadoption. You can read Florida Estate Law 732.108 for free online.
And the Florida probate law does have an estate inheritance law about heirs who are actually born after a parent dies. See Florida Statute 732.106. So called After Born Heirs.
But look at Florida Probate Law 732.101 to see about an “intestate estate” Florida.

Even if you did not have a good relationship with your father, does that NOT make you his son or daughter?
Are you a “descendant” under the Florida Probate Code?
Do you have inheritance rights under Florida Estate Law if your father dies without a will?
Does it matter if you are an adult and your father left 2 minor children with his wife?
For these answers, ask your probate attorney Boca Raton to consider the probate code of Florida and sections 732.103.
Are you an heir ???????
Do you inherit ???
How much of your father’s Florida intestate estate do you inherit if you are his lawful son?
But wait!
Florida Probate Law 732.108 also deals with if you are born out of wedlock!
Doesn’t section (2) of Florida Estate Law 732.108 tell you whether you inherit from your dad’s intestate Florida estate if you were born out of wedlock?
Do you need to determine the paternity of your father in the Florida probate? After he passed away? You may need to if you want to inherit from his Florida probate. Unless, of course…
Your father agreed that he was your father. See, and read, Florida Probate Law. 732.108(2)(b) and (c).