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FL S0540
Bill
AI Summary
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Creates section 731.1055 establishing that validity and effect of dispositions of real property in Florida shall be determined by Florida law.
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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.
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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.
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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.
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Authorizes trustees to use trust assets for attorney fees without court approval if breach of trust claim is withdrawn, dismissed, or resolved without finding that trustee committed a breach.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