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FL S0648

Bill

Status

Introduced

1/27/2011

Primary Sponsor

Arthenia Joyner

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Creates fiduciary lawyer-client privilege protecting communications between lawyers and clients acting as personal representatives, trustees, guardians, conservators, and other fiduaries, excluding communications involving crime or fraud.

  • Revises intestate succession rules for surviving spouses: grants entire estate to surviving spouse if all descendants are also descendants of the spouse and spouse has no other descendants; provides one-half of estate if spouse has descendants not descended from decedent.

  • Allows courts to reform wills to correct mistakes of fact or law upon clear and convincing evidence that the testator's intent and will terms were affected by the mistake, and to modify wills to achieve tax objectives.

  • Adds grounds of fraud, duress, mistake, and undue influence as bases to challenge will revocations and trust revocations, and restricts guardians of incapacitated persons from challenging revocation of trusts unless related to inheritance (devise).

  • Requires notices to estate beneficiaries and trust beneficiaries to disclose that fiduciary lawyer-client privilege applies to fiduciary-attorney communications; clarifies that trustee payments for compensation and costs to employed persons are not subject to civil procedure rules on taxation of costs.

Legislative Description

Estates

Last Action

Read 2nd time -SJ 595

4/29/2011

Committee Referrals

Banking and Insurance3/10/2011
Judiciary2/9/2011

Full Bill Text

No bill text available