Monday, August 19, 2013
In Dennis v. Kline, Nos. 4D12–1881 & 4D12–2589, 2013 WL 3014115 (Fla. Dist. Ct. App. 2013), the court held that adoption of an adult is entitled to full faith and credit. A beneficiary of a Florida trust adopted an adult under Pennsylvania law, which, unlike Florida law, does not require notice of an adoption to the financially interested parties. The other trust beneficiaries sought a declaratory judgment excluding the adoptee as a potential beneficiary and obtained a summary judgment in their favor.
The Florida intermediate appellate court reversed, holding that the Pennsylvania adoption decree was entitled to full faith and credit and that there was a genuine issue of material fact as to the settlor’s intent with regard to adult adoptees as beneficiaries.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.