Secondary sources involve analysis, synthesis, interpretation, or evaluation of primary sources. They often attempt to describe or explain primary sources.

Florida Estates Practice Guide

Chapter 17

Practice Under Florida Probate Code

Section 21.3

Florida Bar Journal

INTESTACY IN THE CONTEXT OF ESTATE PLANNING IN FLORIDA: WHEN TO APPLY THE INTESTACY RULES AND HOW TO AVOID THEM

STUDENT WORK: INCLUDING THE FROZEN HEIR: EXPANDING THE FLORIDA PROBATE CODE TO INCLUDE POSTHUMOUSLY CONCEIVED CHILDREN'S INHERITANCE RIGHTS, 43 Stetson L. Rev. 325

"This Article analyzes the legal obstacles facing children conceived after the death of one or both parents. The Author focuses on problems particular to codified Florida law and proposes revisions that would enable posthumously conceived children to inherit from a deceased parent domiciled in the State. The Author proposes updates to Florida's parentage, probate, and trust codes, which would allow a narrow provision for posthumously conceived children under the State's intestacy statutes. The Author advocates imposing several requirements to account for (1) a decedent's consent regarding his or her genetic material available for posthumous conception; and (2) efficient estate administration as it relates to potential posthumous conception. The Author incorporates gender-neutral language within the proposed statutory language to ensure that all couples receive predictable outcomes for any resulting posthumously conceived children. Posthumously conceived children may not come into the world the way the majority of children do. But they are children nonetheless."

STUDENT COMMENT: WHAT'S MINE IS MINE AND WHAT'S YOURS IS MINE--EXAMINING INHERITANCE RIGHTS BY INTESTATE SUCCESSION FROM CHILDREN CONCEIVED THROUGH ASSISTED REPRODUCTION UNDER FLORIDA LAW, 3 Barry L. Rev. 127

"Extraordinary progress in medical technology has produced veritable miracles many of which have been feared and rejected at first. . . . Ours is the responsibility to acknowledge the reality of these forces and with wisdom and prudence develop order and design in their use and implementation for the good of humanity."

1 Florida Probate Code Manual § 2.19

"When a testator has a child or adopts one after the making of the will, Fla. Stat. § 732.507(1) provides that the child shall take in accordance with Fla. Stat. § 732.302. Under Fla. Stat. § 732.302, when a testator makes a will and subsequently has a child or children (natural-born or adopted), if the child or children are omitted from the will they are entitled to receive an amount of the estate equal in value to an intestate share:

• (1)unless it appears from the will that the omission was intentional; or
• (2)unless the testator had one or more children when the will was executed and devised substantially all of his estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will.

Arguably, an afterborn or after adopted child could be considered as not omitted from the will if he or she stands to inherit from the will in the form of a class gift to the decedent’s children. See Estate of Maher v. Iglikova, 138 So. 3d 484 (Fla. 3d DCA 2014)."

Law review articles often take a new or emerging topic in an area of law and offer a critical view of the law versus traditional secondary sources or primary sources.