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Statute of Limitations for Adjudication of Paternity in Florida Probate

SOLIn Rose v. Sonson, a Florida court affirmed a dismissal of a petition for paternity in a probate proceeding in which the child’s paternity claim was time barred by the statute of limitations. An adjudication of paternity must be sought within four years from the time the child reaches majority, which is also permitted in a probate estate. The child in this case attempted to have his paternity adjudicated many years after the decedent’s death and after he reached majority. The case reminds us of the detriments individuals face when they sit on their rights.

See Brian Spiro, Statute of Limitations for Paternity in Florida Probate, Florida Probate Lawyers, September 12, 2016.