Holmen v. Holmen ex rel. Rahn

KLEIN, Judge.

The issue presented by this appeal is whether the decedent’s written acknowledgment that he was the father of the appellee, Elizabeth Holmen, settled the question of paternity for purposes of intestate succession pursuant to section 732.108, Florida Statutes (1995). Appellants contend that it created only a rebuttable presumption of paternity pursuant to section 742.10(1), Florida Statutes. We affirm a summary judgment holding that section 732.108 controls.

Decedent, who died in January of 1995, had been involved with a woman who gave birth to a child in December of 1992. In March…