MELISSA AZRACK, ETC.
v.
IN RE: ESTATE OF MALCOLM JOEL DORMAN
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A notarized voluntary acknowledgment of paternity creates a rebuttable presumption of paternity subject to rescission within 60 days after signing, and a personal representative of an estate has the capacity to bring actions on the estate's behalf with no greater rights than the decedent possessed during lifetime.
[1] A notarized voluntary acknowledgment of paternity creates a rebuttable presumption of paternity and may be rescinded by any signatory within sixty days after the date the…
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Join FLexlaw to unlock all legal intelligence“a person has no greater rights against the estate than the person would have had against the decedent during his lifetime”
Describing the principle that a personal representative of an estate stands in the shoes of the decedent
This case involves a dispute concerning paternity acknowledgment in the context of an estate matter. The specifics of the factual dispute are not deta…
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PER CURIAM.
Affirmed. See § 742.10(1), Fla. Stat. (2023) (“[A] notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity . . . creates a rebuttable presumption, as defined by s. 90.304, of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed . . . .”); Giller v. Giller, 190 So. 3d 666, 669 (Fla. 3d DCA 2016) (“Personal Representatives are duly appointed legal representatives of the Estate, with the capacity to bring an action on the Estate's behalf and charged with the obligation to take possession of [the decedent’s] property for purposes of administration.”); Magwood v. Tate, 835 So. 2d 1241, 1243 (Fla. 4th DCA 2003) (“[A] personal representative of an estate stands in the shoes of the decedent, so a person has no greater rights against the estate than the person would have had against the decedent during his lifetime.”).
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Citator
Authorities Cited
- Magwood v. Anderson Lee Tate, Sr., 835 So. 2d 1241 (Fla. 4th DCA 2003)
- Ira D. Giller and Anita Grossman v. Giller, 190 So. 3d 666 (Fla. 3d DCA 2016)