The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
|
||||||
|
As to the dismissal order, we reverse and remand. It appears that, based on the record before us, no evidence supports a determination that the Key Biscayne Casa del Mar property at issue, which is subject to multiple layers of corporate ownership, would be considered an estate asset. See Wilson v. Wilson, 211 So.3d 313, 314 (Fla. 3d DCA 2017) ("Because no basis was alleged and no evidence adduced to support disregarding the corporate identity of these entities, we reverse and remand for adjudication of the claims raised by the pleadings below."). Further, Mary Ann has alleged that she may benefit via intestate succession if the will were invalidated. See Herrilka v. Yates, 13 So.3d 122, 124 (Fla. 4th DCA 2009) (explaining that an heir at law, including a surviving spouse, qualifies as an "interested person"); see also § 731.201(23), Fla. Stat. ("'Interested person' means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved."). The trial court therefore erred in dismissing Mary Ann's objection and counter-petition with prejudice.
Section 731.201( 23), Florida Statutes (2022), defines "interested person" as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." In its order denying Appellant's motion to set aside the order of appointment, the trial court explicitly recognized that Appellant was indeed an interested party. Appellee has never contested Appellant's status as an interested party. "Generally, the only indispensable parties to a trust action . . . are the trustee, the settlor, and the beneficiaries." Demircan v. Mikhaylov, 306 So.3d 142, 146 (Fla. 3d DCA 2020) (citing Sylvester v. Sylvester, 557 So.2d 599, 600 (Fla. 4th DCA 1990) (noting trustee and contingent remainder beneficiaries can be indispensable parties to trust litigation)). Moreover, given that Appellee is now attempting to have the Second Amendment declared invalid, which could oust Appellant as a beneficiary, Appellant's status as an indispensable party is even clearer. See Crescenze v. Bothe, 4 So.3d 31, 32 (Fla. 2d DCA 2009) ("Florida has long followed the rule that the beneficiaries of a trust are indispensable parties to a suit having the termination of the…
But for exceptions not applicable here, section 689.071(12) provides that the Florida Trust Code does not apply to land trusts. See § 689.071(7), (12)(b)2. Even before the legislature added subsection (12), the statute indicated that the Florida Trust Code, generally, did not apply to land trusts. § 736.0102, Fla. Stat. (2007-2020) (explaining that the Florida Trust Code does not generally apply to land trusts); § 731.201(33), Fla. Stat. (1997) (excluding land trusts under section 689.05 from the definition of "trust" in chapter 737 "unless the context requires otherwise"); § 731.201(32), Fla. Stat. (1984) (same).
Under Florida law, "[a]ny part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs," Fla. Stat. § 732.101(1), which includes "the descendants of the decedent," id. § 732.103(1). Under Florida Statute § 731.201(9), a "descendant" is "synonymous with the terms ‘lineal descendant’ and ‘issue’ " and means "a person in any generational level down the applicable individual's descending line and includes children, grandchildren, and more remote descendants." Florida's probate code also contains a section titled, "Afterborn heirs." Fla. Stat. § 732.106. This section states that afterborn heirs are "[h]eirs of the decedent conceived before his or her death , but born thereafter," and "inherit intestate property as if they had been born in the decedent's lifetime." Id. (emphasis added). As the parties agree, section 732.106 does not apply to P.S.S. because he was conceived after Mr. Steele's death.
Guardians are appointed by the court and required to incur expenses on behalf of the ward or estate. Administrative expenses are not "claims" made by creditors, as section 744.1025, Florida Statutes, provides that the definitions contained in the Florida Probate Code are applicable to Florida Guardianship Law. The Probate Code specifically excludes administrative expenses from the definition of a "claim." Section 731.201(4) defines a "claim" as "a liability of the decedent, whether arising in contract, tort, or otherwise, and funeral expense." The statute specifies that "[t]he term does not include an expense of administration or estate, inheritance, succession, or other death taxes." Id. Accordingly, a guardian cannot be considered a "creditor" of the ward.
Here, the proposed class is adequately defined. Membership is based on a legal term-next of kin-determinable by reference to objective statutory definitions. See Fla. Stat. §§ 744.102, 731.201. So the class is ascertainable.
" ‘Protected homestead’ means the property described in § 4(a)(1), Art. X of the State Constitution on which at the death of the owner the exemption inures to the owner's surviving spouse or heirs under § 4(b), Art. X of the State Constitution." § 731.201(30).
§ 731.201(2), Fla. Stat. (2021) (emphasis added).
§ 731.201(23), Fla. Stat. General definitions.
In concluding that the Estates did not have an actionable claim to the Confiscated Property, the Court relied on Depriest, 213 So.3d at 1025-26, which was decided well after the definition of “estate” was codified in § 731.201(14), and relied on Sharps' twinkling eye analogy. In Depriest, an injured motorist brought an action against a decedent's estate, alleging that the estate was vicariously liable for damages caused by the decedent's daughter while driving the decedent's car. Id. at 1024. Before the trial court and on appeal, the parties disputed whether the estate owned the decedent's car after he died. Id. at 1025. While the Depriest Court ultimately agreed with the trial court's disposition of the case, they did “not agree that the estate had no legal ownership in Decedent's car.” Id. at 1025. The court explained as follows:
. . . Second, the wife cited section 731.201(4), Florida Statutes (2015), which defines a "claim" as a liability . . . property interest was not a liability of the decedent, and therefore was not a "claim" under section 731.201 . . . Section 731.201(4) defines a "claim" as a liability of the decedent , whether arising in contract, tort . . . Third, to the extent the wife's petition is not only a "claim" under section 731.201(4) but also a cause . . . Because the wife's community property interest was a "claim" as defined in section 731.201(4), the wife . . .
. . . Consistent with this legislative intent, any estate or beneficiary, as defined in s. 731.201, of an estate . . .
. . . client acts as a fiduciary when serving as a personal representative or a trustee as defined in ss. 731.201 . . .
. . . .” § 731.201(18), Fla. Stat. (2013). . . .
. . . s fees orders, finding that Antonio was not an “interested person” within the definition of section 731.201 . . . Id. at 507 (citing § 731.201(21), Fla. Stat. (2006)). . . . may reasonably be expected to be affected by the outcome of the particular proceeding involved.” § 731.201 . . . located in Hialeah, Florida. , The definition of “interested party" has since been renumbered to section 731.201 . . . Hernandez was an “interested person” within the meaning of section 731.201(23), Florida Statutes (2016 . . .
. . . .” § 731.201(23), Fla. Stat. (2014). . . .
. . . .” § 731.201(23), Fla. Stat. (2013). . . .
. . . See § 731.201(23), Fla. Stat. (2014); Wheeler v. . . .
. . . to the estate for proper administration under the terms of the will and governing law); see also § 731.201 . . .
. . . . § 731.201(23), Fla. Stat. (2013). . . . Under section 731.201(23), quoted in pertinent part in section I of this dissent, Infinity Indemnity . . .
. . . Id. at ¶¶ 10-12 (citing § 731.201(10), Fla. Stat.). . . . .
. . . client acts as a fiduciary when serving as a personal representative or a trustee as defined in ss. 731.201 . . .
. . . . § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. Stat. . . .
. . . Section 731.201(23), Florida Statutes (2014), defines an “interested person” as “any person who may reasonably . . .
. . . .” § 731.201, Fla. . . .
. . . Section 731.201, Florida Statutes (2014), defines a “curator”'as “a person appointed by the court to . . . take charge of the estate of a decedent until letters are' issued.” § 731.201(8), Fla. . . . decedent and refers to what has been known as letters testamentary and letters of administration.” § 731.201 . . .
. . . expected to be affected by the outcome of the proceeding,” the Florida Probate Code, through section 731.201 . . .
. . . .” § 731.201(14), Fla. Stat. (2011). . . . . § 731.201(32), Fla. Stat. (2011). . . .
. . . .” § 731.201(23), Fla. Stat. (2013). But, its application varies with the facts of the case. . . .
. . . .” § 731.201(10),- Fla. Stat. (2011). . . . to one or more persons during the owner’s lifetime, the transfer is not a devise for purposes of s. 731.201 . . .
. . . . § 731.201(14), 732.403. . . .
. . . appeals a probate order determining that the son’s ashes were not “property” as defined by section 731.201 . . . He argues that the ashes fit within the plain meaning of “property” as defined by section 731.201(32) . . . real and personal property or any interest in it and anything that may be the subject of ownership.” § 731.201 . . .
. . . .” § 731.201, Fla. Stat. . . .
. . . Statutory References § 731.201(23), Fla. Stat. General definitions. § 731,301, Fla. Stat. . . .
. . . Florida Statutes (2011); and (2) the nursing home was not an “interested person” pursuant to section 731.201 . . . estate and the Bro-ward County ancillary estate, it was an “interested person” as defined in section 731.201 . . . As such, [the nursing home] is not an interested person pursuant to 731.201(23). . . . to section 733.710(1); and (2) the nursing home was not an “interested person” pursuant to section 731.201 . . .
. . . In section 731.201(23), Florida Statutes (2009), “interested person” is defined as “any person who may . . .
. . . (IA) Employment is not a real/personal property interest as that term is defined in section 731.201, . . .
. . . .” § 731.201(17), Fla. Stat. . . . .” § 731.201(28), Fla. Stat. . . . .” § 731.201(7), Florida Statutes. . . .
. . . the issue of whether Bovino was an “interested person” under Florida Probate Rule 5.685(b), section 731.201 . . .
. . . .” § 731.201(23), Fla. Stat. (2009). . . . Hayes, 952 So.2d at 507 (citing § 731.201(21), Fla. Stat. (2006)). . . .
. . . .” § 731.201(29), Fla. Stat. (2011). . . .
. . . See §§ 731.201(36), 732.502, Fla. Stat. (2002). . . .
. . . See § 731.201(40), Fla. Stat. (2010); see also Fla. Prob. . . . personal representative of an estate is specifically deemed to be an “interested person” under section 731.201 . . . the estate, the personal representative of the estate shall be deemed to be an interested person. § 731.201 . . . There is a significant distinction between the concept of an “interested person” under section 731.201 . . .
. . . exercise of the power is improper, the attorney in fact is liable to interested persons as described in s. 731.201 . . .
. . . .” § 731.201(23), Fla. Stat. (2009). . . . Pursuant to section 731.201(23), “[i]n any proceeding affecting the estate or the rights of a beneficiary . . .
. . . Statutory References § 731.201(23), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . .
. . . See § 731.201(24), Fla. Stat. (2010). Cf. Fla. R. App. P. 9.110(a)(2). . . .
. . . .” § 731.201(7), Fla. Stat. (2009). . . .
. . . . § 731.201, which includes “[a]ny statutory or regulatory bar which prevents the lawful employment of . . .
. . . Section 731.201(10), Florida Statutes (2007), provides that “[a] devise is subject to charges for debts . . . The term includes ‘gift,’ 'give,' ‘bequeath,’ ‘bequest,’ and ‘legacy.’ ” § 731.201(10), Fla. . . .
. . . . § 731.201(10); see Mosgrove v. Mach, 133 Fla. 459, 182 So. 786, 791 (1938). . . .
. . . . § 731.201, Fla. Stat. General definitions. § 733.202, Fla. Stat. Petition. § 733.604(1), Fla. . . . Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 733.604, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Verification of documents. § 731.201(3433), Fla. Stat. General definitions. § 732.401, Fla. Stat. . . .
. . . .” § 731.201(10), Fla. Stat. (2010). . . .
. . . . § 731.201(9), Fla. Stat. (2007). . . .
. . . .” § 731.201(4). “[A] creditor is one who holds a ‘claim.’ ” Summit Pool Supplies, Inc. v. . . .
. . . .” § 731.201(23). . . . The appellants contend they are not interested persons within the meaning of section 731.201(23). . . . they would not “reasonably be expected to be affected by the outcome” of the estate proceedings. § 731.201 . . .
. . . . § 731.201(23). . . . Id. § 731.201(23). . . .
. . . Appellees argue that pursuant to section 731.201(33), land trusts are excluded from the definition of . . . The definition of a “trust” under section 731.201(33), states it does not include a land trust created . . .
. . . . §§ 731.201(18), 732.103(1), Fla. Stat. (2003); Snyder v. Davis, 699 So.2d 999, 1003 (Fla.1997). . . .
. . . . § 731.201(23), Fla. Stat. (2007). . . .
. . . the time of Bill’s death, he had four lineal descendants who were heirs at law pursuant to section 731.201 . . .
. . . See § 731.201(8), Fla. . . . Cavanaugh, 542 So.2d 1345, 1352 (Fla. 1st DCA 1989); see also § 731.201(29), Fla. . . .
. . . R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla. . . . Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. . . . Verification of documents. § 731.201, Fla. Stat. General definitions. § 733.202, Fla. Stat. . . . In rem proceeding. § 731.201(18), (22), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Capacity; appointment of guardian advocate. § 731.201, Fla. Stat. . . .
. . . Section 731.201(21) of the probate code defines an “interested person” as “any person who may reasonably . . . property from a personal representative or other fiduciary other than as a creditor or purchaser.” § 731.201 . . .
. . . . § 731.201(21), Fla. Stat. (2003). . . . See § 731.201(21). . . . Wbeeler is an “interested person” within the meaning of section 731.201(21). . . . Wheeler was an “interested person” within the meaning of section 731.201(21), we hold that the trial . . . Wheeler is an “interested person” pursuant to section 731.201(21) and the relevant case law because he . . .
. . . R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla. . . . Definitions. § 731.201, Fla. Stat. General definitions. § 736.0103, Fla. Stat. . . . Constructive service of process. § 731.201(2), (21X23), Fla. Stat. . . . Statutory References § 731.201(-1Q)-, — (⅛1-)(12), (23), Fla. Stat. . . . Statutory References § 731.201(10), (21)(12), (23), Fla. Stat. . . .
. . . . § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Adoption. § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. Notice. § 733.212, Fla. . . . Replaces “homestead” with “protected homestead” in (a)(2) to conform to addition of term in section 731.201 . . .
. . . We reject this argument because ORHS was not an “interested person” as defined by section 731.201(21) . . . must be determined according to the particular purpose of, and matter involved in, any proceedings.” § 731.201 . . .
. . . . § 731.201(25) (2006). . . . .
. . . . § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 733.106, Fla. Stat. . . . Statutory References § 731.201(10), (21), Fla. Stat. General definitions. § 731.302, Fla. Stat. . . .
. . . .” § 731.201(18), Fla. Stat. (2006). . . .
. . . . § 731.201(21), Fla. Stat. (2006). . . . any person “who may reasonably be expected to be affected by the outcome of the proceeding,” section 731.201 . . . is a “person who may reasonably be expected to be affected by the outcome of the ... proceeding.” § 731.201 . . .
. . . Further, section 731.201(21), Florida Statutes, defines an interested person, for the purposes of wills . . .
. . . .” § 731.201(4), Fla. Stat. (2001) (emphasis added). . . .
. . . See also § 731.201(21), Fla. Stat. (2005) (defining “interested person”). . . .
. . . Section 731.201(21), Florida Statutes (2003), provides that an “ ‘[interested person’ means any person . . .
. . . determination that the Baker Road property is protected homestead property of the decedent as per section 731.201 . . .
. . . . § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201(1), Fla. Stat. General definitions. § 733.212, Fla. Stat. . . . Statutory References § 731.201(4), Fla. Stat. General definitions. § 733.705, Fla. Stat. . . .
. . . Although section 731.201, Florida Statutes (2004), does not define homestead, it defines “protected homestead . . . on which at the death of the owner the exemption inures to the owner’s surviving spouse or heirs.” § 731.201 . . .
. . . .” § 731.201(21), Fla. Stat. (2003). . . .
. . . The definition of “interested person” is found in section 731.201(21), Florida Statutes (2003), which . . . in the estate to pay Sarah’s specific devise of five thousand dollars and, therefore, under section 731.201 . . . Section 731.201(21) specifically requires that the beneficiary receive complete distribution and “receive . . . The term "incompetent” is defined in section 731.201(19), Florida Statutes (2003), as it is today, as . . . See § 731.201(19), Fla. Stat. (2004). . . .
. . . and it maintains its homestead status if it is devised to someone designated as an heir in section 731.201 . . .
. . . . § 731.201, Fla.Stat. . . .
. . . . § 731.201 (2004). . . .
. . . representative is the individual having the power to enter into settlements of •wrongful death actions”); § 731.201 . . .
. . . . § 731.201 (2004). . . .
. . . who may reasonably be expected to be affected by the outcome of the particular proceeding involved.” 731.201 . . .
. . . The estate argues that claimant is not an “interested person” under section 731.201(21), Florida Statutes . . .
. . . .” § 731.201(21), Fla. Stat. (2002). . . .
. . . We conclude that the hospital is “affected by the outcome” of the proceeding, section 731.201(21), Florida . . .
. . . ." § 731.201(11), Fla. Stat. (2001). . . .
. . . right to file a petition for administration as he was not an “interested party”, as defined by section 731.201 . . .
. . . Section 731.201(18) defines “heirs” as “mean[ing] those persons, including the surviving spouse, who . . . are entitled under the statutes of intestate succession to the property of a decedent.” § 731.201(18) . . .
. . . See § 731.201(25), Fla. Stat. (2002). . . . See § 731.201(25), Fla. . . .
. . . . § 731.201 (2002). . . .
. . . Section 731.201(21), Florida Statutes, defines an “interested person” as one “who may reasonably be expected . . .
. . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 732.502, Fla. Stat. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Constructive service of process. § 731.201(2), (21), Fla. Stat. . . .
. . . . § 731.201 (2000). . . .
. . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 733.106, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 732.502, Fla. Stat. . . . Notice to creditors. § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Constructive service of process. § 731.201(21), Fla. Stat. General definitions. § 731.301, Fla. . . . Statutory References § 731.201(21), Fla. Stat. General definitions. § 733.504, Fla. Stat. . . .
. . . P. 9.110(a)(2); § 731.201(21), Fla. Stat. (2000). Mae Campbell Hamor Cox (Mrs. . . .
. . . Section 731.201(21), Florida Statutes (1999) (which is a part of the Florida Probate Code), states that . . .
. . . R. 5.025(b); § 731.201(21), Fla. Stat. (1997). . . .
. . . . § 731.201 (2000). . . . upheld OPM’s suitability determination because it promoted the efficiency of the service. 5 C .F.R. § 731.201 . . .
. . . See § 731.201(4), Fla. Stat. (1997). . . .
. . . BY A SPOUSE OR MINOR CHILD TO A LINEAL DESCENDANT WHO IS NOT AN HEIR UNDER THE DEFINITION IN SECTION 731.201 . . .
. . . .” § 731.201(4), Fla. Stat. (1999); see Gates Learjet Corp. v. . . . Moyer, 459 So.2d 1082, 1084 (Fla. 4th DCA 1984) (explaining that while section 731.201(4) defines claims . . .
. . . R. 5.190 and 5.540 and also §§ 731.201 and 744.102, Fla. . . . Definitions. § 731.201, Fla. Stat. General definitions. § 744.102, Fla. Stat. Definitions. . . . In rem proceeding. § 731.201(16), (20), Fla. Stat. General definitions. § 731.301, Fla. Stat. . . . Statutory References § 731.201, Fla. Stat. General definitions. § 731.301, Fla. Stat. . . .
. . . .” § 731.201(21), Fla. Stat. (1997). . . .
. . . Section 731.201(31) of the probate code refers to section 517.021 for the definition of security, and . . .
. . . .” § 731.201(35), Fla. Stat. (emphasis supplied). . . .