Terry R. GLOVER, Appellant, v. Kenneth MILLER, Appellee.

Summary

Under Florida law, a biological father without an adjudication of paternity is not an “heir” for intestate succession when another man holds a valid paternity judgment, and thus lacks standing to be appointed personal representative of the child’s estate. The court held that § 732.108(2)(b), Florida Statutes, requires paternity to be established by adjudication, written acknowledgment, or marriage, and a probate proceeding cannot collaterally attack a final paternity order; the existing judgment must first be vacated. A child cannot have two legally recognized fathers, and DNA evidence alone does not automatically supersede vested legal rights.

Holdings

1. A man who was never adjudicated as the father, never married the mother, and never acknowledged paternity in writing is not a "heir" under Florida Statutes section 732.108(2)(b), and the pre-existing paternity adjudication of another man must be given effect for intestate succession purposes unless vacated.
2. A probate court may only determine intestate succession based on existing legal relationships; because Miller's paternity adjudication remains in effect, Glover's parenthood cannot be recognized in the probate proceedings without collateral attack on the prior judgment, which involves necessary parties not present.

Questions Presented

1. Whether a biological father without a paternity adjudication has standing as an heir to petition for appointment as personal representative of a child's estate when another man holds a valid paternity judgment.

Disposition

affirmed