Welcome! This guide is intended to provide information regarding intestacy rights for afterborn children in Florida. This is a non-exhaustive guide for anyone looking for more information on this topic or looking for a starting point for research. Each tab within this guide will contain information about afterborn children and other similar topics within the realm of intestacy rights for children in different circumstances. My hope is that every person that visits gains insight into this topic and hopefully learns something new!
Afterborn Children's Intestacy Rights in Florida
An afterborn child is a child born after execution of a will by either parent or born after the time in which a class gift closes.
They could also be a child that is born after a parent dies, and therefore, would not be accounted for in the devising of a will.
This guide is intended to be for educational purposes only and does not create an attorney-client relationship. Anyone contemplating litigation based on any material within this guide should seek the advice of a professional as this is not a substitute for professional legal advice.
Will – a document that serves multiple functions. These include: disposing of the testator’s property, revoking a prior will, and appointing a personal representative.
Intestate – an individual who dies without a will is referred to as an intestate decedent or simply this.
Decedent – the person that passes away
Heir (Heir at law) – a person entitled to take the decedent’s property under the laws of intestate succession.
Posthumously Conceived Children:
"A posthumous child is a child who is born after the death of the child’s mother or father, according toWarren’s Heaton on Surrogate’s Court Practice. To determine whether a posthumous child has the right to inherit from his or her predeceased parent, most states apply the Uniform Parentage Act (UPA)." American Bar Association
Pretermitted Child:
"A pretermitted heir is a child who was omitted from the will of a testator." Legal Information Institute
Pretermitted Spouse:
"When a person marries after making a will and the spouse survives the testator, the surviving spouse shall receive a share in the estate of the testator equal in value to that which the surviving spouse would have received if the testator had died intestate, unless:
(1) Provision has been made for, or waived by, the spouse by prenuptial or postnuptial agreement;
(2) The spouse is provided for in the will; or
(3) The will discloses an intention not to make provision for the spouse." Justia
