732.106
Afterborn heirs.
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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.
History.—s. 1, ch. 74-106; s. 10, ch. 75-220; s. 6, ch. 77-87; s. 952, ch. 97-102.
Note.—Created from former s. 731.11.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2001–2024 · leading case: Astrue v. Capato Ex Rel. B. N. C.
Astrue v. Capato Ex Rel. B. N. C. (2012)
“1 The District Court observed that Fla. Stat. Ann. § 732.106 (West 2010) defines “ ‘afterborn heirs’ ” as “ ‘heirs of the decedent conceived before his or her death, but born thereafter.”
Ankrom v. State (2013)
“12, § 505 (2007); Fla. Stat. Ann. § 732.106 (2010); Ga. Code Ann.”
Saunders v. Saunders (2001)
“Applying that standard here, we find section 732.106(2) to be clear and unambiguous.”
Stephen v. Commissioner of Social Security (2005)
“This case does not involve an "afterborn heir” within the meaning of Fla. Stat. § 732.106 . Under that statute, the heirs of a decedent conceived before his death, but born after his death, inherit intestate property as if they had been born in the decedent's lifetime.”
Kathleen Steele v. Commissioner of Social Security (2024)
“(2019); see also § 732.106, Fla. Stat. (2019) (defining afterborn heirs in a similar fashion).”
— 732.106(2) — 1 case
Saunders v. Saunders (2001)
“Applying that standard here, we find section 732.106(2) to be clear and unambiguous.”
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