Special circumstances

Question 1

Effect of adoption on inheritance

Answer 1

When a child is adopted he loses all claim to his rights by birth parents and is treated legally as a descendant to his adopted parents. Fla. Stat. § 63.172

Question 2

Elements of Equitable Adoption

Answer 2

1. An agreement to adopt between the natural and adoptive parents
2. Performance by the natural parents of the child in giving up custody
3. Performance by the child by living in the home of the alleged adopted parents
4. Partial performance by the alleged adopted parents in taking the child into their home and treating the child as their child
5. Intestacy of the alleged adopted parents

Question 3

What is equitable adoption?

Answer 3

It is an exception to bastardy

An equitably adopted child may still inherit from birth parents

Also known as virtual adoption

Question 4

Bastards

Answer 4

Also referred to as non-marital children

For inheritance purposes and pursuant to Fla. Stat. § 732.108(2)(a) a child born out of wedlock is the descendant of his father if his birth parents entered into a marriage ceremony, even if the ceremony is void

Under Fla. Stat. § 732.108(2)(b-c), a child may inherit from his father and the father’s family if paternity is established either in court or by the father’s written acknowledgement—either before or after the father’s death

Question 5

Afterborn children

Answer 5

This refers to a child in gestation at the time of the decedent’s death

Governed by Fla. Stat. § 732.106, which states that they are treated as if they had been alive at the time of death

Question 6

Half blood heirs

Answer 6

Half blood relatives are heirs related to the decedent through one common parent or grandparent

Under Fla. Stat. § 732.105, each half blood heir receives only half as much as a whole blood heir, unless only half bloods are left alive

This is different than the UPC which treats them the same as normal heirs

Question 7

Children born through assisted reproductive methods

Answer 7

Fla. Stat. § 742.17 provides that a child born of the genetic material of those who died before their conception may not be entitled to receive from the estate in intestacy unless the child is provided for by the decedent’s will