Estate of Maher v. Iglikova

138 So. 3d 484 (2014)

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Estate of Maher v. Iglikova

Florida District Court of Appeal
138 So. 3d 484 (2014)

Facts

In 1999, James P. Maher III had a son, PM, with Lyudmila Taran (defendant). In 2001, Maher signed a will leaving part of his estate to his surviving children. In 2002, Maher became aware that he had fathered a daughter, AMI, with Olga Valerievna Iglikova (plaintiff). AMI was born in 2000 but Maher’s paternity was not adjudicated until 2005. In 2004, Maher disappeared and was later declared dead. Iglikova filed a petition to have AMI declared a pretermitted child, arguing that, for purposes of the pretermitted child statute, children legitimized after the execution of a parent’s will should be treated the same as children adopted after the execution of a parent’s will. The court found for Iglikova, and Taran appealed.

Rule of Law

Issue

Holding and Reasoning (Fernandez, J.)

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