CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22149149
...trust based upon a claim "that is dependent on the individual liability of the grantor." The statute directs that such claims instead be presented and enforced against the grantor's estate. Ch.2001-226, § 189, at 2088, § 195, at 2090, Laws of Fla. Section 731.155, Florida Statutes (2002), provides that the "substantive rights of all persons that have vested prior to January 1, 2002, shall be determined as provided" in former provisions of the Florida Probate Code. Section 731.155 provides further, with exceptions not here pertinent, that the "procedures for the enforcement of substantive rights which have vested prior to January 1, 2002, shall be as provided in this act." The trial court did not address whethe...
CopyPublished | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 17374, 2011 WL 5169987
...d that Myers failed to state a cause of action for statutory contribution for payment of the 2003 judgment because it was not an “enforceable claim” within the meaning of the 1999 version of the statute. When the Probate Code was passed in 2001, section 731.155, Florida Statutes (2001), provided: Applicability....