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Florida Statute 86.041 | Lawyer Caselaw & Research
F.S. 86.041 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 86.041

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 86
DECLARATORY JUDGMENTS
View Entire Chapter
F.S. 86.041
86.041 Actions by executors, administrators, trustees, etc.Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, a guardianship, or the estate of a decedent, an infant, a mental incompetent, or insolvent may have a declaration of rights or equitable or legal relations to:
(1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(2) Direct the executor, administrator, or trustee to refrain from doing any particular act in his or her fiduciary capacity; or
(3) Determine any question relating to the administration of the guardianship, estate, or trust, including questions of construction of wills and other writings.

For the purpose of this section, a “mental incompetent” is one who, because of mental illness, intellectual disability, senility, excessive use of drugs or alcohol, or other mental incapacity, is incapable of managing his or her property or caring for himself or herself or both.

History.s. 4, ch. 21820, 1943; s. 38, ch. 67-254; s. 1, ch. 88-33; s. 459, ch. 95-147; s. 3, ch. 2013-162.
Note.Former s. 87.04.

F.S. 86.041 on Google Scholar

F.S. 86.041 on Casetext

Amendments to 86.041


Arrestable Offenses / Crimes under Fla. Stat. 86.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 86.041.



Annotations, Discussions, Cases:

Cases from cite.case.law:

KELLEY, III, v. KELLEY, N. A. Co- Co- P. Jr. U. S. A., 147 So. 3d 597 (Fla. Dist. Ct. App. 2014)

. . . , Gordon III filed a complaint in the circuit court seeking declaratory relief pursuant to sections 86.041 . . .

WELLS, v. M. WELLS, P. A. PC, C., 24 So. 3d 579 (Fla. Dist. Ct. App. 2009)

. . . Section 86.041, Florida Statutes (2007) provides, in part: Any person interested as or through an executor . . . Pinellas Central Bank & Trust Co., 339 So.2d 712 (Fla. 2d DCA 1976), the court interpreted section 86.041 . . . Thus, we hold that pursuant to section 86.041, Fla. . . .

SCOTT, v. REYES,, 913 So. 2d 13 (Fla. Dist. Ct. App. 2005)

. . . Invoking section 86.041, Florida Statutes (2003), Mrs. . . .

B. HIGGINS, v. STATE FARM FIRE AND CASUALTY COMPANY, L. v., 894 So. 2d 5 (Fla. 2004)

. . . . — The enumeration in ss. 86.021, 86.031 and 86.041 does not limit or restrict the exercise of the general . . .

E. ADELSPERGER, III, v. MIDLANTIC NATIONAL BANK AND TRUST CO. a f k a a f k a W. B. Jr. B. E. M., 567 So. 2d 444 (Fla. Dist. Ct. App. 1990)

. . . Section 86.041 provides that any person interested as a trustee in the administration of a trust may . . . Based on Zimmerman and Dent and the language of section 86.041(3), Fla.Stat. . . . Section 86.041(3): Any person interested as or through an executor, administrator, trustee, guardian, . . .

WOLF SANITARY WIPING CLOTH, INC. v. WOLF,, 526 So. 2d 702 (Fla. Dist. Ct. App. 1988)

. . . Section 86.041 specifically permits a declaratory action to be brought by a personal representative in . . . She sought a declaration of her rights under sections 86.041(1) and (3), Florida Statutes (1977), to . . . Section 86.041 is set forth as follows: 86.041 Actions by executors, administrators, trustees, etc. — . . . administration of the estate or trust, including questions of construction of wills and other writings. § 86.041 . . .

UNITED STATES v. MIRANDA, J. M., 835 F.2d 830 (11th Cir. 1988)

. . . . § 86.041; U.S.Dist.Ct.S.D.Fla. Rule 9(B). . . .

FIRST NATIONAL BANK IN PALM BEACH, v. G. UNDERWOOD,, 499 So. 2d 60 (Fla. Dist. Ct. App. 1986)

. . . McDowell, 148 So.2d 36 (Fla. 3d DCA 1962); § 86.041(3), Florida Statutes (1985). Affirmed. . . .

DENT, v. J. C. BELIN, T. S. W. L. B. NCNB I., 483 So. 2d 61 (Fla. Dist. Ct. App. 1986)

. . . Section 86.041 provides that any person interested as a trustee in the administration of a trust may . . .

HAFT- GAINES COMPANY v. LAKES OF INVERRARY CONDOMINIUMS, INC., 432 So. 2d 729 (Fla. Dist. Ct. App. 1983)

. . . .— The enumeration in ss. 86.021, 86.031 and 86.041 does not limit or restrict the exercise of the general . . .

BACKUS, W. v. HOWARD W. BACKUS TOWING, INC. W., 391 So. 2d 378 (Fla. Dist. Ct. App. 1980)

. . . personal representative of the estate of Howard, Mary may also seek declaratory relief under Section 86.041 . . .

A. KING v. PINELLAS CENTRAL BANK TRUST COMPANY, a, 339 So. 2d 712 (Fla. Dist. Ct. App. 1976)

. . . However, it has overlooked § 86.041, Fla.Stat.1975, which states: “Any person interested as or through . . . equitable or legal issues and did not involve the rights of any person interested through a trustee under § 86.041 . . .

DADE COUNTY, a v. B. BENENSON, 326 So. 2d 74 (Fla. Dist. Ct. App. 1976)

. . . . § 86.051, on “Enumeration not exclusive,” states: “The enumeration in sections 86.021, 86.031 and 86.041 . . .

NORTH MIAMI GENERAL HOSPITAL, INC. v. KOVENS, 318 So. 2d 567 (Fla. Dist. Ct. App. 1975)

. . . Emphasis Supplied] “86.051 Enumeration not exclusive “The enumeration in sections 86.021, 86.031 and 86.041 . . .