Florida Statute 222.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XV
HOMESTEAD AND EXEMPTIONS

Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS

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F.S. 222.13

222.13 Life insurance policies; disposition of proceeds.—

(1) Whenever any person residing in the state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Notwithstanding the foregoing, whenever the insurance, by designation or otherwise, is payable to the insured or to the insured’s estate or to his or her executors, administrators, or assigns, the insurance proceeds shall become a part of the insured’s estate for all purposes and shall be administered by the personal representative of the estate of the insured in accordance with the probate laws of the state in like manner as other assets of the insured’s estate.

(2) Payments as herein directed shall, in every such case, discharge the insurer from any further liability under the policy, and the insurer shall in no event be responsible for, or be required to see to, the application of such payments.

History.—s. 1, ch. 1864, 1872; RS 2347; s. 1, ch. 4555, 1897; s. 1, ch. 5165, 1903; GS 3154; RGS 4977; CGL 7065; s. 1, ch. 29861, 1955; s. 1, ch. 59-333; s. 1, ch. 63-230; s. 1, ch. 70-376; s. 51, ch. 71-355; s. 1202, ch. 95-147.

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Amendments to 222.13

Arrestable Offenses / Crimes under Fla. Stat. 222.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.13.

Annotations, Discussions, Cases:

Cases Citing Statute 222.13

Total Results: 20

Morey v. Everbank

Court: District Court of Appeal of Florida | Date Filed: 2012-07-24

Citation: 93 So. 3d 482, 2012 WL 3000608, 2012 Fla. App. LEXIS 11876

Snippet: the Trustee relies on this language in section 222.13(1), Florida Statutes (2008): Whenever any person

Cadle Co. v. Pegasus Ranch, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-01

Citation: 920 So. 2d 1276, 2006 WL 473149

Snippet: life insurance or annuities, pursuant to sections 222.13 and 222.14, Florida Statutes (2004). Cadle timely

W.C. Bass & Sons, Inc. v. Gilman

Court: District Court of Appeal of Florida | Date Filed: 1996-06-19

Citation: 677 So. 2d 338, 1996 Fla. App. LEXIS 6519, 1996 WL 334306

Snippet: summary judgment. We affirm because Florida Statute 222.13(1)(1993) clearly exempts life insurance proceeds

Swenszkowski v. Compton

Court: District Court of Appeal of Florida | Date Filed: 1995-10-10

Citation: 662 So. 2d 722, 1995 WL 619184

Snippet: virtue of the credit life insurance. Thus, section 222.13(1), Florida Statutes (1989), does not bar Swenszkowski's

Gartley v. Gartley

Court: District Court of Appeal of Florida | Date Filed: 1993-07-21

Citation: 622 So. 2d 77, 1993 Fla. App. LEXIS 7671, 1993 WL 274466

Snippet: through the estate of the deceased. See sections 222.13 and 733.808(4), Florida Statutes (1985). Spohr

Crossley v. Travelers Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1975-06-20

Citation: 314 So. 2d 607, 1975 Fla. App. LEXIS 13656

Snippet: heir *609under the intestate laws and Fla.Stat. § 222.13 (1973). The trial court determined the issue in

In Re Estate of RLB

Court: District Court of Appeal of Florida | Date Filed: 1972-03-15

Citation: 259 So. 2d 206, 1972 Fla. App. LEXIS 7085

Snippet: other surviving children, entitled under F.S. § 222.13 F.S.A. to receive the policy proceeds. The County

In re Estate of Hunt

Court: District Court of Appeal of Florida | Date Filed: 1969-04-29

Citation: 222 So. 2d 272, 1969 Fla. App. LEXIS 5806

Snippet: children in equal portions pursuant to Fla.Stat. § 222.13, F.S.A. After a hearing, the county judge entered

Hamilton v. Liberty National Life Insurance Co.

Court: District Court of Appeal of Florida | Date Filed: 1968-02-28

Citation: 207 So. 2d 472

Snippet: take", and the estate was denied recovery. F.S. § 222.13, F.S.A. provides that insurance proceeds shall

In re Estate of Weymer

Court: District Court of Appeal of Florida | Date Filed: 1967-06-08

Citation: 199 So. 2d 495, 1967 Fla. App. LEXIS 4893

Snippet: specifically bequeathed and in accordance with F.S.A. § 222.13 were the property of his ward. The guardian further

Clemons v. Clemons

Court: District Court of Appeal of Florida | Date Filed: 1967-03-22

Citation: 197 So. 2d 38, 1967 Fla. App. LEXIS 5096

Snippet: the County Judge of Pinellas County. F.S. Sec. 222.13, F.S.A. provides that— “Whenever any person shall

Miami Beach First National Bank v. Horner

Court: District Court of Appeal of Florida | Date Filed: 1966-06-28

Citation: 188 So. 2d 386, 1966 Fla. App. LEXIS 5096

Snippet: of section 222.13(2) Fla.Stat. 1963, F.S.A. We reverse. The pertinent subsection of § 222.13 Fla.Stat.

Thomas v. Nuckols

Court: District Court of Appeal of Florida | Date Filed: 1963-11-21

Citation: 157 So. 2d 712

Snippet: which the chancellor construed and applied F.S. § 222.13, F.S.A., relating to the disposition of proceeds

In re Estate of Alworth

Court: District Court of Appeal of Florida | Date Filed: 1963-04-02

Citation: 151 So. 2d 478, 1963 Fla. App. LEXIS 3556

Snippet: the time of the testator’s death is as follows: “222.13 Life Insurance policies; disposition of proceeds:

Asphalt Paving, Inc. v. Ulery

Court: District Court of Appeal of Florida | Date Filed: 1963-01-29

Citation: 149 So. 2d 370

Snippet: that they were the beneficiaries (under Section 222.13, Florida Statutes[1]) of two $25,000 insurance

Ruza v. Estate of Ruza

Court: District Court of Appeal of Florida | Date Filed: 1961-08-10

Citation: 132 So. 2d 308

Snippet: that the order entered improperly ignored section 222.13, Fla.Stat., F.S.A. which provides, among other

Ulery v. Asphalt Paving, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1960-04-07

Citation: 119 So. 2d 432

Snippet: Appellants claim to derive their interests under Section 222.13, Florida Statutes 1957, F.S.A.,[1] the pertinent

Belk's Dept. Store, Miami, Inc. v. Scherman

Court: District Court of Appeal of Florida | Date Filed: 1960-02-15

Citation: 117 So. 2d 845

Snippet: want of notice. Modisett v. Campbell, 144 Neb. 222, 13 N.W.2d 126; Eason Oil Co. v. Oklahoma City Petroleum

In re Estate of Mitchell

Court: Supreme Court of Florida | Date Filed: 1957-07-10

Citation: 96 So. 2d 661, 1957 Fla. LEXIS 3578

Snippet: sought to have the exemptions provided by F.S. § 222.13, F.S.A., applied to the life insurance policies

Carter v. Carter

Court: Supreme Court of Florida | Date Filed: 1956-06-06

Citation: 88 So. 2d 153

Snippet: designated beneficiary and further that Section 222.13, Florida Statutes, F.S.A., controls distribution