77-87; s. 1, ch. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The fact that cremation occurred pursuant to a written direction signed by the decedent that the body be cremated is a complete defense to a cause of action against any person acting or relying on that direction. The affiant requests full payment from the financial institution. This is because under Florida Statutes 733.301 the following priority applies: the person nominated by the will, then the spouse, then the person nominated by a majority in interest of heirs, or the heir nearest in . On the date of the Decedents death, the Decedent was not legally married to the spouse designated as the primary beneficiary as that term is defined in Section 732.703, Florida Statutes. 75-220; s. 964, ch. Note. Household furniture, furnishings, and appliances in the decedents usual place of abode up to a net value of $20,000 as of the date of death. If the affiant is an adult descendant of the decedent, the affidavit must attest that the decedent left no surviving spouse and no surviving adult child. When property descends to the collateral kindred of the intestate and part of the collateral kindred are of the whole blood to the intestate and the other part of the half blood, those of the half blood shall inherit only half as much as those of the whole blood; but if all are of the half blood they shall have whole parts. 2001-226. The writing may be prepared before or after the execution of the will. Except as provided in this act, a qualified custodian must at all times keep information provided by the testator confidential and may not disclose such information to any third party. If the surviving spouse validly waived his or her homestead rights as provided in s. 732.702 or otherwise under applicable law but nevertheless receives an interest in protected homestead, other than an interest described in s. 732.401, including, without limitation, an interest in trust, the value of the spouses interest is determined as property interests that are not protected homestead. If you do not have an Affidavit of Heirs, your estate may not receive its fair share of the inheritance. Subject to the foregoing, a will is construed to pass all property which the testator owns at death, including property acquired after the execution of the will. Notwithstanding anything in s. 732.2045(1)(a) to the contrary, any trust created by the decedent before the effective date of ss. If an election is made, expenses relating to the ownership of the homestead shall be allocated between the surviving spouse and the descendants as tenants in common in proportion to their respective shares, effective as of the date the election is filed for recording. 2010-132. 87-27; s. 954, ch. If, after the order of contribution, the personal representative brings an action to collect contribution from property not within the personal representatives control, the judgment shall include the personal representatives costs and reasonable attorneys fees. 2001-226; s. 6, ch. He also has a deceased brother who had one child (Fred's nephew). That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years. The elective share shall be in addition to homestead, exempt property, and allowances as provided in part IV. Liability of direct recipients and beneficiaries. 2001-226. 77-174; s. 1, ch. s. 1, ch. The elective share is an amount equal to 30 percent of the elective estate. The requirement for court approval shall not apply if the aggregate value of all property in all qualifying special needs trusts for the spouse is less than $100,000. The total amount in all qualified accounts held by the decedent in all financial institutions known to the affiant does not exceed an aggregate total of $1,000. The decedent, , died on . 74-106; ss. 77-87; s. 56, ch. Adoption of a child by a natural parents spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent. 2006-217. 75-220; s. 1, ch. 75-220; s. 7, ch. With respect to subparagraph (a)2., the value of the portion subject to the discretion, to the extent the portion passed to or for the benefit of any person other than the decedents probate estate. If the surviving spouse validly waived his or her homestead rights as provided under s. 732.702 or otherwise under applicable law, but nevertheless receives an interest in the protected homestead, other than an interest described in s. 732.401, including an interest in trust, the value of the spouses interest is determined as property interests that are not protected homestead. Property which constitutes the protected homestead of the decedent if the surviving spouse validly waived his or her homestead rights as provided under s. 732.702, or otherwise under applicable law, and such spouse did not receive any interest in the protected homestead upon the decedents death. Property appointed by the will of the decedent to or for the benefit of the abuser, neglector, exploiter, or killer passes as if the abuser, neglector, exploiter, or killer had predeceased the decedent. 74-106; s. 38, ch. Affiant is a primary beneficiary as that term is defined in Section 732.703, Florida Statutes. s. 2, ch. 2. The rights and remedies granted in this section are in addition to any other rights or remedies a person may have at law or equity. To state-administered retirement plans under chapter 121. 2001-226; s. 32, ch. Personal property of the decedent that is not exempt from claims of creditors and that remains in the possession of those to whom it has been paid, delivered, transferred, or assigned shall continue to be liable for claims against the decedent until barred as provided in the Florida Probate Code. 75-220; s. 13, ch. Electronic record has the same meaning as provided in s. 668.50. 75-220; s. 10, ch. It is the intent of the Legislature that this section clarify existing law. 90-23; s. 45, ch. The bond must be made payable to the Governor and his or her successors in office for the benefit of all persons who store electronic records with a qualified custodian and their estates, beneficiaries, successors, and heirs, and be conditioned on the faithful performance of all duties and obligations under this chapter. The decedents beneficial interest in the net cash surrender value immediately before death of any policy of insurance on the decedents life. s. 15, ch. If the relative was deceased at the time of the decedent's death, please provide the deceased relative's name, indicate deceased, and date of death. In lieu of a life estate under subsection (1), the surviving spouse may elect to take an undivided one-half interest in the homestead as a tenant in common, with the remaining undivided one-half interest vesting in the decedents descendants in being at the time of the decedents death, per stirpes. For this purpose, contribution percentage means the remaining unsatisfied balance of the trust or estate at the time of the distribution divided by the value of the trust or estate as determined under s. 732.2055. If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedents paternal, and the other half to the decedents maternal, kindred in the following order: To the grandfather and grandmother equally, or to the survivor of them. If a surviving spouse has apparent title to property to which ss. A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of the will, if the written instrument is identified in the will. Elective share trust means a trust under which: The surviving spouse is entitled for life to the use of the property or to all of the income payable at least as often as annually; The surviving spouse has the right under the terms of the trust or state law to require the trustee either to make the property productive or to convert it within a reasonable time; and. A statement attesting that the total amount in all qualified accounts held by the decedent in all financial institutions known to the affiant does not exceed an aggregate total of $1,000. Antilapse; deceased devisee; class gifts. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouses probable lifetime. In the application of paragraph (a), the proportional part of all property received is determined separately for each class of priority under s. 732.2075(2). 75-220; s. 963, ch. s. 1, ch. 2006-134; s. 5, ch. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be retained in its original form for the remainder of the 20-year period whether or not the will is admitted to probate or the proceedings are terminated. 75-220; s. 4, ch. If a person named in subsection (1) has died, is incapacitated, or is a minor, or has conveyed or transferred all interest in the property of the estate, then, as to that person, the petition must be signed and verified by: The personal representative, if any, of a deceased person or, if none, the surviving spouse, if any, and the beneficiaries; The guardian of an incapacitated person or a minor; or. s. 1, ch. 731.10, 731.101, 731.11. Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death. For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mothers family. If a qualified custodian is an entity, an affidavit, or an appearance by the testator in the presence of a duly authorized officer or agent of such entity, acting in his or her own capacity as such, shall constitute an affidavit, or an appearance by the testator in the presence of the qualified custodian. 2001-226. The term gift includes an inter vivos gift, a testamentary transfer of real or personal property or any interest therein, and the power to make such a transfer regardless of whether the gift is outright or in trust; regardless of when the transfer is to take effect; and regardless of whether the power is held in a fiduciary or nonfiduciary capacity. 93-62; s. 962, ch. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants.
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