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FL H0505

Bill

Status

Passed

6/22/2020

Primary Sponsor

Civil Justice Subcommittee

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • Precious metals (bullion, coins) held for historical, artistic, collectible, or investment value are classified as tangible personal property under the Florida Probate Code, applying retroactively to all instruments and proceedings where disposition has not been finally determined.

  • Formal notice in probate proceedings establishes in rem jurisdiction over estate property and protected homestead but does not confer personal jurisdiction over the notice recipient.

  • Attorneys who prepare or supervise execution of a will or trust cannot receive compensation for serving as personal representative or trustee unless they are related to the testator/settlor, or they provide written disclosures about fiduciary eligibility and compensation that the testator/settlor must acknowledge in a separate signed statement.

  • Sales or encumbrances involving the personal representative, their spouse, agent, attorney, or any corporation/entity/trust in which these parties have substantial beneficial or ownership interest are voidable by interested persons unless authorized by the will, decedent's contract, or court approval.

  • Notice of administration must now inform recipients that failing to contest the will may waive their right to contest the validity of a trust or other writing incorporated by reference into the will.

Legislative Description

Estates and Trusts

Last Action

Chapter No. 2020-67

6/22/2020

Committee Referrals

Judiciary2/13/2020
Judiciary12/16/2019
Civil Justice Subcommittee11/15/2019

Full Bill Text

No bill text available