Kenya Richardson v. Shareka Richardson a/k/a Shareka Scott
The Fourth District reversed the order determining beneficiaries, holding that the trial court applied an incorrect legal standard for whether a person born out of wedlock may inherit from an intestate father under section 732.108(2). The court remanded for a factual finding on whether the decedent's signature acknowledging paternity on the birth certificate was forged, with the burden on the challenger to prove forgery by a preponderance of the evidence.
Key facts
- Larry Darnell Richardson, Sr. died intestate in April 2022, and Shareka Scott petitioned for summary administration claiming to be his daughter.
- Kenya Richardson, an acknowledged child, objected, alleging Scott was not the decedent's child and that his signature on Scott's birth certificate was forged.
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Holdings
- A person born out of wedlock inherits from the father in intestate succession only if one of the three conditions in section 732.108(2) is met—a marriage ceremony, an adjudication of…
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Why it matters
Guides probate and estate practitioners on the exclusive statutory methods by which a child born out of wedlock establishes heirship from an intestate father, confirming that a signed birth certificate can constitute a… — full analysis with a trial
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