CopyCited 7 times | Published | Florida 3rd District Court of Appeal | 1991 WL 181442
...or's attorney, allowed the testator to sign the second codicil knowing that it specifically republished the testator's original will and first codicil, thereby eliminating Patricia's chances to be protected as a pretermitted child as provided for in Section 732.302, Florida Statutes (1985)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 181445
...or more children when the will was executed and devised substantially all his estate to the other parent of the pretermitted child. The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with §
733.805." Section
732.302, Florida Statutes (1985) (emphasis added)....
...ssue or children and, thus, there was no ambiguity as to the testator's intent. Because the second codicil made no reference to Patricia, but did specifically republish the original will, her status as a pretermitted child was destroyed, pursuant to Section 732.302, Florida Statutes (1985), and she was no longer able to share in her father's estate....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...strative Order AOSC06-14. Committee Notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
732.201-732.2155, Fla. Stat. Elective share of surviving spouse. §
732.301, Fla. Stat. Pretermitted spouse. §
732.302, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...The Codicil dated April 21, 1982, was the last testamentary instrument executed by John Doe prior to his death in 1982. Based on the above facts, for purposes of this appeal uncontroverted, appellant argues that J.E.W. is a pretermitted child within the purview of Florida Statutes section 732.302. Appellant reasons that the provisions of section 732.302 of the Florida Probate Code are applicable to the instant case by analogizing an after-legitimated child with an after-born child, that is, that a child legitimated after the drafting of a natural parent's Will should be treated the same as a child adopted after the making of the adopting parent's Will. We disagree. Florida Statutes section 732.302 provides in pertinent part: When a testator omits to provide in his will for any of his children born or adopted after making the will ..., the child shall receive a share of the estate equal in value to that he would have received if the testator had died intestate... . (emphasis added). The unambiguous wording of section 732.302 is that a child born after the making of the testator's Will is entitled to an intestate share of that particular parent's estate....
...Prior to his death, John Doe did not adopt J.E.W., legally or otherwise. [1] *251 Thus, J.E.W. was neither born nor adopted after the making of John Doe's Will. Accordingly, we hold that J.E.W. is not a pretermitted child within the purview of Florida Statutes section 732.302. Our holding does not conflict with the purpose of Florida Statutes section 732.302....
CopyPublished | Supreme Court of Florida
732.301, Fla. Stat. Pretermitted spouse. §
732.302, Fla. Stat. Pretermitted children. § 732
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...s. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 731.107,-Fla. Stat. Adversary proceed-ingSr §§
732.201-732.2155, Fla. Stat. Elective share of surviving spouse. §
732.301, Fla. Stat. Pretermitted spouse. §
732.302, Fla....
CopyPublished | Supreme Court of Florida
...Committee notes revised.
Statutory References
§
393.12, Fla. Stat. Capacity; appointment of guardian
advocate.
-6-
§§
732.201–732.2155, Fla. Stat. Elective share of surviving
spouse.
§
732.301, Fla. Stat. Pretermitted spouse.
§
732.302, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...2003 Revision: Committee notes revised. 2008 Revision: Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. *580 §§
732.201-732.2155, Fla. Stat. Elective share of surviving spouse. §
732.301, Fla. Stat. Pretermitted spouse. §
732.302, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 1386660, 2014 Fla. App. LEXIS 5251
...On July 13, 2010, Iglikova filed a Petition to Determine Status as a Pretermitted Child, Challenge Construction of Will and Determine Beneficiaries. Taran filed a motion for summary judgment, asserting that A.M.I. was not a pretermitted child under section 732.302, Florida Statutes (2010), because she was (1) not omitted from the will, as she was included in a class gift for “children surviving [the decedent],” and (2) she was not born or adopted after the decedent executed the will....
...There are three elements that must be satisfied for a child to be pretermitted. The child must be: (1) omitted from the will, (2) born or adopted after the making of the will, and (3) have not received a part of the testator’s property equivalent to a child’s part by way of advancement. § 732.302, Fla. Stat. (2010). Section 732.302 specifically provides: When a testator omits to provide by will for any of his or her children born or adopted after making the will and the *486 child has not received a part of the testator’s property equivalent to a child’s par...
...the decedent, and she was born after the execution of the will. We agree. Although not specifically named, A.M.I. is not “omitted” from the will because she stands to inherit from the will in the form of a class gift as a child of the decedent. Section 732.302 does not speak to the sufficiency or to the amount of the child’s beneficial interest....
