Sunday, August 17, 2014
A nonmarital child born before the execution of father’s will and legitimated thereafter is not a pretermitted child. The Florida intermediate appellate court in Estate of Maher v. Iglikova, 138 So. 3d 484 (Fla. Dist. Ct. App. 2014), reversed a summary judgment holding that decedent’s nonmarital child was a pretermitted child. The court found that the child, born before execution of the will, participated in a class gift to “children” in the will and that the child’s legitimation after execution of the will is not equivalent to being adopted after will execution.
Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.