In re the ESTATE OF Richard ROBERTSON, Deceased

Summary

The Florida District Court of Appeal held that a child born during her mother’s marriage to another man could establish paternity and inherit from her biological father under Florida’s intestacy statute, § 732.108(2)(b), because the phrase “born out of wedlock” is synonymous with “illegitimate” and the statute must be liberally construed to allow children to inherit from natural fathers. The court further ruled that a prior dissolution judgment declaring the child a product of the marriage did not bar the child’s paternity claim under res judicata or collateral estoppel, as the child was not a party to that proceeding. The child’s claim was also not time‑barred because the appellant’s false representations caused the delay, and an heirship claim is not a “claim” subject to the three‑year presentation requirement of § 733.702(1)(b).

Holdings

1. A child born during her mother's marriage to another man may establish paternity for heirship purposes and inherit from her biological father under § 732.108(2)(b), Florida Statutes, even though she is not technically born 'out of wedlock,' because the statute is to be liberally construed to effectuate its underlying purpose of permitting children to inherit from their natural fathers.
2. A prior dissolution judgment that adjudicates a child as born of the marriage does not bar the child's separate action to establish paternity of her biological father, because the child was not a party to that prior litigation and thus neither res judicata, collateral estoppel, nor estoppel by judgment applies.
3. Nicole's claim is not barred by the statute of limitations because the delay in filing was caused by false representations made by appellant Helen Robertson. Additionally, Nicole's claim of heirship is not a 'claim' within the meaning of § 733.702(1)(b), and the argument under § 733.702 was not preserved for appeal.

Questions Presented

1. Whether a child born during her mother's marriage to another man can inherit from her biological father under § 732.108(2)(b), Florida Statutes, which allows inheritance by a 'person born out of wedlock' if paternity is established.
2. Whether Nicole's claim of paternity and heirship is barred by the prior dissolution judgment between her mother and David Allard which referred to Nicole as a child of the marriage.
3. Whether Nicole's claim is barred by the statute of limitations or by § 733.702(1)(b), Florida Statutes (1985).

Disposition

affirmed