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FL S0540

Bill

Status

Passed

4/6/2016

Primary Sponsor

Rules

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Creates section 731.1055 establishing that validity and effect of dispositions of real property in Florida shall be determined by Florida law.

  • Amends section 732.201 to clarify that a surviving spouse's elective share election does not reduce what the spouse receives without the election and does not treat the spouse as having predeceased the decedent.

  • Revises section 736.0802(10) to allow trustees to pay attorney fees and costs from trust assets in breach of trust proceedings only after serving written notice of intent to qualified beneficiaries whose share may be affected.

  • Permits qualified beneficiaries to file motions to prevent payment or compel return of attorney fees and costs to the trust, requiring courts to deny such motions unless finding reasonable basis for breach of trust claim.

  • Authorizes trustees to use trust assets for attorney fees without court approval if breach of trust claim is withdrawn, dismissed, or resolved without finding that trustee committed a breach.

Legislative Description

Estates

Last Action

Chapter No. 2016-189

4/6/2016

Committee Referrals

Rules12/3/2015
Banking and Insurance11/19/2015
Judiciary10/21/2015

Full Bill Text

No bill text available