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FL S1146

Bill

Status

Introduced

12/5/2011

Primary Sponsor

David Simmons

Click for details

Origin

Senate

2012 Regular Session

AI Summary

  • Creates section 732.703, Florida Statutes to void beneficiary designations naming a former spouse on certain assets if the decedent's marriage was judicially dissolved or declared invalid before death, with the interest passing as if the former spouse predeceased the decedent.

  • Applies to life insurance policies, annuities, employee benefit plans, individual retirement accounts, payable-on-death accounts, transfer-on-death securities, and similar tax-deferred contracts.

  • Provides exceptions when the designation is made after the dissolution or court order and expressly names the former spouse, when controlled by federal law, when irrevocable under applicable law, or when the decedent remarries the former spouse.

  • Shields payors from liability for distributing assets to beneficiaries based on the death certificate's marital status statement or upon delivery of a notarized affidavit by the beneficiary if the death certificate is silent on marital status.

  • Becomes effective July 1, 2012 and applies to all designations made by decedents dying on or after that date, regardless of when the designation was originally made.

Legislative Description

Effect of Dissolution or Annulment of Marriage on Certain Designations

Last Action

Laid on Table, refer to CS/HB 401 -SJ 1001

3/8/2012

Committee Referrals

Budget3/1/2012
General Government Appropriations Subcommittee2/23/2012
Budget1/31/2012
Judiciary1/10/2012

Full Bill Text

No bill text available