White v. Marks
A woman who was neither the biological nor adopted child of the decedent sought to revoke probate and take as an intestate heir, claiming the decedent had acknowledged paternity in writing under section 732.108(2)(c) via her birth certificate, the will's reference to his 'adopted daughter,' and a pocket-planner notation. The Fifth DCA held the four-year statute of limitations in section 95.11(3)(b) for 'any action relating to the determination of paternity' applies to claims under section 732.108(2)(c), barring her claim, and alternatively held the writings were not direct, unequivocal acknowledgments of paternity.
Key facts
- A woman who was neither the biological nor adopted child of the decedent sought to revoke the decedent's will and claim an intestate share based on alleged written acknowledgments of paternity.
- The claimant relied on three documents: a birth certificate, references in the decedent's will describing her as his 'adopted daughter,' and a notation in the decedent's pocket planner.
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Why it matters
This opinion fills a gap in Florida law by holding for the first time that the four-year paternity limitations period applies to heirship claims premised on a written acknowledgment under section 732.108(2)(c), giving… — full analysis with a trial
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