Will the Unborn Child of Jose Fernandez Inherit His Florida Estate?

CBS News reported, on September 25, 2016, about the tragic death of Jose Fernandez. He was killed in a boat crash along with two of his friends. Fernandez was a renowned athlete and pitcher for the Miami Marlins in Miami Beach, Florida. He died without a Florida will. Who will inherit from the athlete’s Miami Beach estate?

On January 27, 2017, the Sun Sentinel reported about Jose Fernandez’s Florida estate. His estate is being probated in the Miami-Dade County probate court. Fernandez’s girlfriend,  Maria Arias, was pregnant at the time of his death. The article states that Fernandez’s daughter would likely be in line to inherit Fernandez’s estate. Why is this?

West Palm Beach and Miami probate litigators know that, in Florida, the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. Therefore, it doesn’t matter that Fernandez passed away before his daughter was born. Beause she was conceived before his death, she will still inherit according to intestacy laws in Florida. You may want to read Florida Statute 732.106.

Florida Statute 732.106: “Afterborn heirs.—Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent’s lifetime.”

The statute mentions “intestate property”. What is intestate property? What does it mean if a person dies intestate? Dying without a will or estate plan,as Fernandez did, is dying intestate.

To read the entire article regarding Fernandez’s estate, click here.