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FL S0724

Bill

Status

Passed

6/19/2017

Primary Sponsor

Banking and Insurance

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • Includes decedent's protected homestead property interest in the elective estate, subject to exceptions when the surviving spouse validly waived homestead rights or did not receive any homestead interest.

  • Modifies valuation of protected homestead for elective share purposes: full fair market value if spouse receives fee simple; one-half value if spouse takes life estate or elects undivided one-half interest as tenant in common.

  • Requires payment of interest at the statutory rate on unpaid portions of required contributions toward elective share if not fully paid within 2 years after decedent's death.

  • Creates new section 732.2151 authorizing courts to award taxable costs and attorney fees in elective share proceedings involving disputes over entitlement, amount, property interests, or satisfaction of the elective share.

  • Allows surviving spouse to require trustee of marital or elective share trust to make property productive of income or convert property if trust assets do not provide sufficient income for beneficial enjoyment.

Legislative Description

Estates

Last Action

Chapter No. 2017-121

6/19/2017

Committee Referrals

Rules4/6/2017
Banking and Insurance3/16/2017
Judiciary2/16/2017

Full Bill Text

No bill text available