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FL Supreme CourtFebruary 15, 2024Certified question answered (first question answered; second declined); case returned to the Eleventh Circuit🔬 Novel Issue

Steele v. Commissioner of Social Security

Case No. SC2022-1342

On certified questions from the Eleventh Circuit, the Florida Supreme Court construed section 742.17(4), Florida Statutes, which bars a posthumously conceived child from claiming against a decedent's estate unless 'provided for by the decedent's will.' The Court held that 'provided for' means the testator actually left something to the posthumously conceived child through the will and that the will must show the testator contemplated the possibility of a child being conceived after his or her death. Because Mr. Steele's will gave everything to his wife and, in the alternative, only to children 'then living' at his death, it did not provide for P.S.S., so the child had no claim against the estate.

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