Legal Question in Civil Litigation in Florida

My aunt past away one year ago. She had one child that she gave up for adoption at the age of six. I don't know if the adoption was legal and can not find the adoption papers. The child now 35 years old is contesting her will as a sole surviver. The only documentation that he provided was a copy of his original birth certificate. He has refused to provide a up to date birth certificate.

Q. If he was legally adopted does he have any claim on her estate?

Q. Can I require him to provide a current birth certificate showing that my aunt's name is on it or would I have to assume the cost of proving that he was adopted?

Thank you

Eddie


Asked on 4/08/10, 11:38 am

2 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

As a preliminary consideration, if she left a valid last will and didn't provide for him in the will, then there really is no legal basis for him to contest the will. Regardless of the adotion status, if he is not in the will, he is not entitled to any distribution.

However, if there is a residual estate to be distributed to "heirs," then he might have a potential claim, and it would be important to know whether the adoption was legally done. I would compel him to provide the proof, although you also may ultimately have to do some investigation.

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Answered on 4/13/10, 12:10 pm
Edmund Burke Edmund B Burke, Attorney at Law

I am assuming that your aunt died *intestate* -- that is,without a will.

Of course, if there is a will, then that would resolve the question --just look at the will--, so your inquiry only makes sense if we assume she died without one.

A. If he was legally adopted, then the adoptive parents are his legal parents for all purposes. Biological parentage doesn't matter in this case.

B. I don't understand the fascination with the birth certificate. When he was born, he was your aunt's son -- you say he was adopted at age 6. Why would a birth certificate, which states the facts six years before adoption, have any meaning?

His birth certificate is prima facie evidence that he is her legal son. You would need evidence to contradict that.

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Answered on 4/13/10, 12:48 pm


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