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-   -   What is fla law regarding bio child of a now deceased parent if the child was legally (https://www.askmehelpdesk.com/showthread.php?t=514142)

  • Oct 6, 2010, 11:34 AM
    victoria7
    What is fla law regarding bio child of a now deceased parent if the child was legally
    Child residing in fla was legally adopted by the spouse of his divorced mom--recently bio father died intestate is the child still entitled under 732.108 statute
  • Oct 8, 2010, 12:21 AM
    GV70

    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.
  • Oct 8, 2010, 12:22 AM
    GV70

    Thus the child is not entitled under 732.108.
  • Oct 8, 2010, 04:09 AM
    ScottGem
    Quote:

    Originally Posted by GV70 View Post
    Thus the child is not entitled under 732.108.

    I'm confused. I read this:
    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.

    To mean he is entitled. The question is whether the adopted child is entitled to a share of the estate. This clause states that that a step parent adoption has no effect on the relationship to the natural parent for purposes of intestate succession.
  • Oct 8, 2010, 06:51 AM
    AK lawyer
    Quote:

    Originally Posted by ;
    (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.

    In OP's case, the phrase "natural parent" used three times in this sentence would be his mother. It doesn't modify the general rule of section 732.108 which says that the child is no longer the descendent of the "natural parent" (meaning the natural father in this case). So while the child would stand to inherit from his mother, his right to inherit from his natural father is terminated upon adoption.

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