(Print, Type, or Stamp Commissioned name of Notary Public). In determining the testators original intent, the court may consider evidence relevant to the testators intent even though the evidence contradicts an apparent plain meaning of the will. Any requirement that individuals sign an instrument in the presence of one another may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology that meets the requirements of part II of chapter 117 and any rules adopted thereunder, if: The individuals are supervised by a notary public in accordance with s. 117.285; The individuals are authenticated and signing as part of an online notarization session in accordance with s. 117.265; The witness hears the signer make a statement acknowledging that the signer has signed the electronic record; and. However, persons to whom property has been specifically or demonstratively devised and who would otherwise be entitled to it as exempt property under this section may have the court determine the property to be exempt from claims, except for perfected security interests thereon, after complying with the provisions of subsection (6). In the case of a power of appointment, this section does not affect the power to appoint in favor of persons other than the lawyer or a person related to the lawyer. If the outgoing qualified custodian intends to designate a successor qualified custodian, by doing the following: Providing written notice to the testator of the name, address, and qualifications of the proposed successor qualified custodian. 75-220; s. 14, ch. In the case of property held in trust, direct recipient includes the trustee but excludes the beneficiaries of the trust. The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills. Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as set forth in ss. 75-220; s. 48, ch. If the spouse takes a life estate as provided in s. 732.401(1), or validly elects to take an undivided one-half interest as a tenant in common as provided in s. 732.401(2), one-half of the fair market value of the protected homestead on the date of the decedents death. Any of the rights or benefits listed in paragraphs (1)(a)-(c) which would have passed solely by virtue of the marriage to a surviving spouse who is found to have procured the marriage by fraud, duress, or undue influence shall pass as if the spouse had predeceased the decedent. 2001-226. If any lineal heir is not living with the surviving spouse, the allowance may be made partly to the lineal heir or guardian or other person having the heirs care and custody and partly to the surviving spouse, as the needs of the dependent heir and the surviving spouse appear. 74-106; s. 21, ch. Disposition of Personal Property Waiver & Consent. Any transfer of property to the extent not otherwise included in the elective estate, made to or for the benefit of any person, except: Any transfer of property for medical or educational expenses to the extent it qualifies for exclusion from the United States gift tax under s. 2503(e) of the Internal Revenue Code, as amended; and. 2001-226; s. 14, ch. On the date of the decedents death, the decedent was married to , who survived the decedent. For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parents family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parents family or any prior adoptive parents family, except that: Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parents family. 77-87; s. 8, ch. An individual retirement account described in s. 408 or s. 408A of the Internal Revenue Code of 1986, or an employee benefit plan, may not be treated as a trust for purposes of this section. A surviving parent of the decedent, and the decedent left no surviving spouse, no surviving adult child, and no surviving adult descendant. 2001-226. 77-174; s. 185, ch. A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s. 4(c), Art. 2003-154; s. 34, ch. (2) Name Of Deceased. The abuser, neglector, exploiter, or killer is liable for the amount of the proceeds or the value of the property under paragraph (a). Except as provided in s. 732.603, if the residue is devised to two or more persons, the share of a residuary devisee that fails for any reason passes to the other residuary devisee, or to the other residuary devisees in proportion to the interests of each in the remaining part of the residue. 735.301 Disposition without administration.. Any part of a written instrument which makes a gift to a lawyer or a person related to the lawyer is void if the lawyer prepared or supervised the execution of the written instrument, or solicited the gift, unless the lawyer or other recipient of the gift is related to the person making the gift. Gifts to lawyers and other disqualified persons. Small Estate Affidavit Florida - EXPLAINED Watch on How to Write Download: Adobe PDF Florida Court Information (1) County Name. 77-87; s. 1, ch. 74-106; s. 113, ch. Real property, except real property held as tenants by the entirety, which is located in this state, and which: Was acquired with the rents, issues, or income of, the proceeds from, or in exchange for, property acquired as, or which became and remained, community property under the laws of another jurisdiction; or. s. 1, ch. A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly. 88-340; s. 46, ch. 2001-226. 77-87; s. 269, ch. The death of any person entitled to a family allowance terminates the right to that part of the allowance not paid. ESTATES AND TRUSTS. Primary beneficiary means a beneficiary designated under the governing instrument to receive an interest in an asset upon the death of the decedent who is not a secondary beneficiary. 97-102; s. 47, ch. 77-174; s. 275, ch. Except as provided in s. 732.2155(4), any transfer of property by the decedent to the extent the transfer is irrevocable before the effective date of this subsection or after that date but before the date of the decedents marriage to the surviving spouse. s. 1, ch. s. 1, ch. 74-106; s. 19, ch. A will may dispose of property by reference to acts and events which have significance apart from their effect upon the dispositions made by the will, whether they occur before or after the execution of the will or before or after the testators death. 75-220; s. 4, ch. s. 1, ch. s. 1, ch. To the best of the outgoing qualified custodians knowledge, the electronic will has not been altered since the time it was created. An electronic will or codicil is revoked by the testator, or some other person in the testators presence and at the testators direction, by deleting, canceling, rendering unreadable, or obliterating the electronic will or codicil, with the intent, and for the purpose, of revocation, as proved by clear and convincing evidence. An insurance company, financial institution, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless, before payment, it received written notice of a claim pursuant to this section. If the surviving spouse validly waived his or her homestead rights as provided in s. 732.702 or otherwise under applicable law but nevertheless receives an interest in protected homestead, other than an interest described in s. 732.401, including, without limitation, an interest in trust, the value of the spouses interest is determined as property interests that are not protected homestead. If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate. 75-220; s. 16, ch. 2001-226. The time for making the election may not be extended except as provided in paragraph (c). (Print, type, or stamp commissioned name and affix official seal). 99-220; s. 3, ch. In the case of any policy of insurance on the decedents life includable under s. 732.2035(9), the net cash surrender value of the policy on the date of the termination or transfer. Person includes an individual, trust, estate, partnership, association, company, or corporation. 74-106; ss. Any amount of the elective share not satisfied within 2 years of the date of death of the decedent shall bear interest at the statutory rate until fully satisfied, even if an order of contribution has not yet been entered. 2021-205. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants.
PDF Probate Information and Forms - The Eighth Judicial Circuit of Florida The decedent had a contingent right to receive principal, other than at the discretion of any person, which contingency was beyond the control of the decedent and which had not in fact occurred at the decedents death. For purposes of this subsection, a protected charitable lead interest is a protected charitable interest as defined in subsection (2) in which one or more deductible interests in charity precede some other nondeductible interest or interests in the property. For purposes of this subsection, a protected charitable interest is any interest for which a charitable deduction with respect to the transfer of the property was allowed or allowable to the decedent or the decedents spouse under the United States gift or income tax laws. If the death certificate is silent as to the decedents marital status at the time of his or her death, the payor is not liable for making a payment on account of, or for transferring an interest in, that portion of the asset to the primary beneficiary upon delivery to the payor of an affidavit validly executed by the primary beneficiary in substantially the following form: (type or print the date of the Decedents death). Sections 732.216-732.228 are to be so applied and construed as to effectuate their general purpose to make uniform the law with respect to the subject of these sections among those states which enact them. 92-200; s. 957, ch. (Type or print name of Decedent) (Decedent) died on (type or print the date of the Decedents death).
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