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Florida Statute 732.108 | Lawyer Caselaw & Research
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F.S. 732.108 Case Law from Google Scholar Google Search for Amendments to 732.108

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.108
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.
(c) The paternity of the father is acknowledged in writing by the father.
History.—s. 1, ch. 74-106; s. 11, ch. 75-220; s. 7, ch. 77-87; s. 1, ch. 77-174; s. 2, ch. 87-27; s. 954, ch. 97-102; s. 8, ch. 2007-74; s. 2, ch. 2009-115.
Note.—Created from former ss. 731.29, 731.30.

F.S. 732.108 on Google Scholar

F.S. 732.108 on Casetext

Amendments to 732.108


Arrestable Offenses / Crimes under Fla. Stat. 732.108
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.108.

Annotations, Discussions, Cases:

Cases Citing Statute 732.108

Total Results: 20

JOHN TAULBEE and ANN TAULBEE, etc. v. AMY JEANNE KOZEL, etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-01-18

Snippet: adoption on intestate succession. See § 732.108, Fla. Stat (2021).

DR. MARC BIVINS v. CHARLES W. DOUGLAS, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-10-20

Snippet: 8 cite to section 732.108(2)(a) of the Florida Statutes, which states, in

Dixon v. Dixon Bellamy

Court: District Court of Appeal of Florida | Date Filed: 2018-07-25

Citation: 252 So. 3d 349

Snippet: cause of action in the 2009 amendment to section 732.108(2)(b), Florida Statutes. The trial court granted

Rose v. Sonson

Court: District Court of Appeal of Florida | Date Filed: 2016-09-07

Citation: 208 So. 3d 136, 2016 Fla. App. LEXIS 13408

Snippet: second, because the 2009 amendment to section 732.108(2)(b) of the Florida statutes, which eliminated

Rocke v. American Research Bureau

Court: District Court of Appeal of Florida | Date Filed: 2016-01-20

Citation: 184 So. 3d 1221, 2016 Fla. App. LEXIS 698

Snippet: intestate succession plan pursuant, to section 732.108, Florida Statutes (2006). Ms. -Rocke then initiated

Kemp & Associates, Inc. v. Chisholm

Court: District Court of Appeal of Florida | Date Filed: 2015-02-06

Citation: 162 So. 3d 172, 2015 Fla. App. LEXIS 1555, 2015 WL 477856

Snippet: 5th DCA 1981). Pursuant to sections 63.172 and 732.108, Florida Statutes, "an adoption terminates the

Doe v. SUNTRUST BANK

Court: District Court of Appeal of Florida | Date Filed: 2010-01-29

Citation: 32 So. 3d 133, 2010 Fla. App. LEXIS 568, 2010 WL 323031

Snippet: filed a second motion, this time citing section 732.108(2)(b), Florida Statutes (2005),[4] which recognizes

G.S. v. T.B.

Court: Supreme Court of Florida | Date Filed: 2008-05-22

Citation: 985 So. 2d 978

Snippet: the adoptive parent is injured or killed. See § 732.108, Fla. Stat. (2005). Moreover, Ailish O’Connor,

Gs v. Tb

Court: Supreme Court of Florida | Date Filed: 2008-05-22

Citation: 985 So. 2d 978, 33 Fla. L. Weekly Supp. 325, 2008 Fla. LEXIS 1243

Snippet: the adoptive parent is injured or killed. See § 732.108, Fla. Stat. (2005). Moreover, Ailish O'Connor,

Simpson v. Estate of Norton

Court: District Court of Appeal of Florida | Date Filed: 2007-02-07

Citation: 949 So. 2d 262, 2007 WL 397463

Snippet: the estate did not provide proof under section 732.108, Florida Statutes, for heirs born out of wedlock

Glover v. Miller

Court: District Court of Appeal of Florida | Date Filed: 2007-01-31

Citation: 947 So. 2d 1254, 2007 WL 247899

Snippet: decedent's heirs and thus intestate succession. Section 732.108, Florida Statutes (2006) provides: (1) For the

Fagan v. Cramer

Court: District Court of Appeal of Florida | Date Filed: 2004-07-28

Citation: 877 So. 2d 945, 2004 Fla. App. LEXIS 11235, 2004 WL 1672412

Snippet: evidence to comply with the requirements of section 732.108(2), Florida Statutes (2000), and that her affidavits

Achumba v. Neustein

Court: District Court of Appeal of Florida | Date Filed: 2001-07-06

Citation: 793 So. 2d 1013

Snippet: the Child?, 24 Stetson L.Rev. 809 (1995). [1] § 732.108(2)(b), Fla. Stat. (1985). [2] § 768.18(1), Fla

Thurston v. Thurston

Court: District Court of Appeal of Florida | Date Filed: 2000-12-15

Citation: 777 So. 2d 1001, 2000 Fla. App. LEXIS 16357, 2000 WL 1838640

Snippet: that she was a lineal descendant under section 732.108(2)(a), Florida Statutes (1995),1 and a beneficiary

L.J.R. v. T.T.

Court: District Court of Appeal of Florida | Date Filed: 1999-09-14

Citation: 739 So. 2d 1283, 1999 Fla. App. LEXIS 12179

Snippet: ineligible to inherit from father by intestacy); § 732.108, Fla.Stat. (1997). Alternatively, T.T. might

Ljr v. Tt

Court: District Court of Appeal of Florida | Date Filed: 1999-09-14

Citation: 739 So. 2d 1283, 1999 WL 743565

Snippet: ineligible to inherit from father by intestacy); § 732.108, Fla.Stat. (1997). [3] Alternatively, T.T. might

Williams v. Estate of Pender

Court: District Court of Appeal of Florida | Date Filed: 1999-07-27

Citation: 738 So. 2d 453, 1999 Fla. App. LEXIS 10064, 1999 WL 533789

Snippet: trial court apparently did not consider section 732.108(2)(b) which provides that a person born out of

Holmen v. Holmen ex rel. Rahn

Court: District Court of Appeal of Florida | Date Filed: 1997-05-28

Citation: 697 So. 2d 866, 1997 Fla. App. LEXIS 5820, 1997 WL 280615

Snippet: purposes of intestate succession pursuant to section 732.108, Florida Statutes (1995). Appellants contend that

Wilson v. Scruggs

Court: Supreme Court of Florida | Date Filed: 1996-07-18

Citation: 685 So. 2d 1206

Snippet: bringing a paternity action in probate under section 732.108(2)(b), Florida Statutes (1991), for the purpose

Scruggs v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 1994-06-29

Citation: 640 So. 2d 1152, 1994 Fla. App. LEXIS 6315

Snippet: adjudication before or after the death of the father.” § 732.108(2)(b), Fla.Stat. (1991) (e.s.). Prior to the effective