CopyCited 26 times | Published | Florida 3rd District Court of Appeal
...In Re: Estate of Humphreys,
299 So.2d 595 (Fla. 1974). Under the new Florida Probate Code, effective January 1, 1976, dower is expressly abolished [§
732.111, Fla. Stat. (1977)] and replaced by the surviving spouse's right to take an elective share [§
732.201, Fla....
CopyCited 12 times | Published | Supreme Court of Florida | 1995 WL 337970
...A surviving spouse is entitled to homestead, exempt property and family allowance whether or not he elects an elective share. Nothing in this section shall require the spouse to contribute to estate or inheritance taxes if contribution would not be required by §
733.817. Ch. 74-106, § 1, at 220-21, Laws of Fla. (creating §
732.201, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...spective children. In September, 1981, Nancy Trull, Louise's daughter by another marriage signed an "election to take elective share" for her mother pursuant to the "durable power of attorney," a certified copy of which was attached to the election. Section 732.201, et seq....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2013 WL 6171299, 2013 Fla. App. LEXIS 18792
...“A will may not be construed until it has been admitted to probate.” §
733.213, Fla. Stat. While Mr. Martin’s will is self-proving, pursuant to section
732.503, Florida Statutes, and is thus admissible to probate without further proof pursuant to section
732.201, the probate court has not actually admitted the will to probate....
CopyCited 5 times | Published | United States Bankruptcy Court, S.D. Florida. | 13 Fla. L. Weekly Fed. B 287, 44 Collier Bankr. Cas. 2d 1267, 2000 Bankr. LEXIS 939
...After filing the chapter 7 bankruptcy petition, the Debtor filed schedules, asserting that his interest in the Testamentary Trust is exempt based upon the spendthrift provision contained in the trust. On Schedule B-19, the Debtor also listed: "Elective Share interest in Decedent's estate pursuant to [Florida Statute § ] 732.201....
...First Trust of New York (In re Southeast Banking Corp.),
156 F.3d 1114, 1121 (11th Cir.1998); Dewhirst v. Citibank (Arizona) (In re Contractors Equipment Supply Co.),
861 F.2d 241, 244 (9th Cir.1988). In Florida, the right to an elective share is a right of statutory construction. See FLA.STAT. §
732.201 (1999)....
CopyCited 4 times | Published | Florida 5th District Court of Appeal
...e parties' marriage. However, the Probate Code covers this situation by providing that if a surviving spouse is dissatisfied with the provision in the will made for him or for her, the widower or widow can take an "elective share" [4] of the estate. § 732.201, Fla....
...See In Re Suarez Estate,
145 Fla. 183,
198 So. 829 (1941). In this case, Frederic apparently did not apply for an elective share, and at the time that In Re Livingston's Estate was decided, the Florida *422 probate laws did not have a similar provision for widowers. Section
732.201, Florida Statutes (1979), which provides the right to an elective share, was created from former section 731.34 which provided for dower in realty and personalty. We must assume the Legislature was aware of section
732.201, Florida Statutes (1979) when it enacted section 731.10 as part of the "new" Probate Code....
...The inquiry of the court should be to determine whether the testator intended that the will should remain his will after his marriage. Therefore, the ultimate question is, did he contemplate marriage at the time he executed his will? While it is true as the majority suggests, that section 732.201, Florida Statutes (1979) prevents a surviving spouse to whom a small bequest is given in the will from being "disinherited" because he or she may choose to take an elective share, this is small consolation to the spouse who would othe...
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1989 WL 29030
...Gaspelin filed a petition for determination of beneficiaries and maintained that she was a pretermitted spouse. Thereafter, Hamden H. Baskin, III, was appointed personal representative of the estate. On June 15, 1987, Mrs. Gaspelin filed a spouse's election to take elective share pursuant to section 732.201, Florida Statutes (1985)....
...Gaspelin is estopped to receive her rights as a pretermitted spouse because she filed a subsequent conditional election to take elective share. There is nothing within the Florida Probate Code that suggests a spouse must abandon a claim as a pretermitted spouse under section
732.301 in order to seek an elective share under section
732.201, Florida Statutes (1985)....
...note that the exercise of the right to the elective share, family allowance, or exemptions under the code is not typically cause to remove a spouse as personal representative. §
733.504(9), Fla. Stat. (1985). [2] Whether a statutory election under section
732.201 can be qualified or conditional vis-a-vis the spouse's rights under the will is a separate issue not addressed by this opinion....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...Bravo's death to the decedent's children, one of whom was Matilda Sauter (hereinafter referred to as "Sauter"), who was also the successor trustee of the trust and personal representative of the decedent's estate. Bravo made an election, pursuant to section 732.201, Florida Statutes (1993), to claim an elective share in the decedent's probate estate....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 1491
...Louis Smail, as personal representative for the estate of Luta Ellis, appeals from an order denying his petition for determination of Luta Ellis' elective share. We reverse. After Charles Ellis' death, his wife, Luta Ellis opted to exercise her right to an elective share in his estate. See § 732.201 et seq....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...nces, it would be inequitable to deprive Mr. Garcia of rights by virtue of a statute enacted after the execution of the agreement (F.S.
732.702) while at the same time deprive him of the benefits of a statute likewise enacted after such execution (F.S.
732.201); wherefore, it is, ORDERED AND ADJUDGED as follows: That Estate's Motion for Summary Judgment is GRANTED as to all claims of Carlos Garcia except that of Elective Share, upon which said Motion is DENIED....
...1976). For these reasons, we reverse the summary judgment entered by the trial court insofar as it granted Carlos Garcia an elective share. Affirmed in part, reversed in part and remanded for further proceedings consistent with this opinion. NOTES [1] Section 732.201, Florida Statutes (1977): 732.201 Right to elective share....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...(Fla.2005). Editorial changes to conform to the court's guidelines for rules submissions as set forth in Administrative Order AOSC06-14. Committee Notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
732.201-732.2155, Fla....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 59579
...ered on May 30, 1984. In 1985, the parties remarried each other and remained married until Maria's death on April 1, 1987. Following the submission of Maria's will for probate, Joseph filed a petition to take an elective share of Maria's estate, see §
732.201, and for determination of homestead in certain real property. The court entered an order declaring Joseph Maria's surviving and pretermitted spouse in accordance with sections
732.201 and
732.301, but ruled that Joseph waived his rights under section
732.702....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...On January 17, 1979, they signed an antenuptial agreement whereby they released all claims against each other's estates. Two days after the signing of the agreement, they married. Mr. Downing died about a year and a half later, and Mrs. Downing filed for an elective share of her husband's estate pursuant to section 732.201, Florida Statutes (1981)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...Spindler of Cummings & Lockwood, Naples, for appellants. Thomas E. Maloney of Maloney & Crane, Chartered, Naples, for appellee. LEHAN, Judge. In this proceeding involving a surviving spouse's petition to determine her elective share of her deceased husband's estate pursuant to § 732.201, Florida Statutes (1981), the residuary beneficiaries appeal a judgment granting relief requested by the surviving spouse....
...They contend that the applicable statute provides for valuing distributions at the times of those distributions and therefore requires the use of lesser discounts at those times. We agree. After decedent's will was admitted to probate, the surviving spouse chose to take a 30% elective share pursuant to section 732.201....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1990 WL 41674
...The jointly owned bank account was transferred to an account in Jerrod's and Linda's names alone. In his will, the decedent named Jerrod as personal representative of his estate. The widow elected to take the elective share of her deceased husband's estate that is permitted by section 732.201, Florida Statutes....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...which it is based and notice shall be served on interested persons. Committee Notes The extensive rewrite of this rule in 2001 is intended to conform it with and provide procedures to accommodate amendments to Florida’s elective share statutes, §§ 732.201 et seq., Fla....
...n interested persons, and title revised. Subdivision (d)(2) amended to provide time limit and service requirement for elective estate inventory and petition for determination of amount of elective share. Committee notes revised. Statutory References § 732.201, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...pre-existing procedure of determination of amount and setting aside. Paragraphs (c) and (d) represent rule implementation of procedure in statute. Committee notes revised and expanded. Citation form changes in committee notes. Statutory Reference F.S. 732.201-732.215....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...pre-existing procedure of determination of amount and setting aside. Paragraphs (c) and (d) represent rule implementation of procedure in statute. Committee notes revised and expanded. Citation form changes in committee notes. Statutory Reference F.S. 732.201-732.215 Elective share of surviving spouse....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15535
...We answer the first question in the affirmative and reverse. We affirm the trial court as to the second question and also answer in the affirmative. As to the third question we again answer in the affirmative and reverse. The husband died in the latter part of 1975, before the effective date of Section 732.201 et seq., Florida Statutes (1975)....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...lue) must agree with the Total for Item VI on Summary. RULE 5.360. ELECTIVE SHARE (a) (e) [No Change] Committee Notes [No Change] Rule History 1984 Revision 2005 Revision [No Change] 2010 Revision: Committee notes revised. Statutory References § 732.201, Fla....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...) Harold Jones, as Personal ) Representative, et al., ) _Respondents. ) Rule History 1975 Revision: New rule.
324 So.2d 38 . 1977 Revision: Editorial changes to (a)(1). 1984 Revision: Extensive changes, committee notes revised and expanded. Statutory References F.S. 731.107 Adversary proceedings. F.S.
732.201 — 732.215 Elective share of surviving spouse....
...Committee Notes Rule History 1984 Revision: Extensive changes. Clarifies information to be included in a petition for elective share filed by a personal representative and specifies information to be included in an order determining elective share. Committee notes revised and expanded. Statutory Reference F.S. 732.201 — 732.215 Elective share of surviving spouse....
CopyPublished | Florida 4th District Court of Appeal | 2000 WL 1593744
...ome for life to Bravo and distribution upon Bravo's death to the decedent's children, one of whom was [Sauter], who was also the successor trustee of the trust and personal representative of the decedent's estate. Bravo made an election, pursuant to section 732.201, Florida Statutes (1993), to claim an elective share in the decedent's probate estate....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 1829479, 2017 Fla. App. LEXIS 6337
...Sudman also filed a petition for administration of the decedent's
estate. In May 2014, the trial court appointed Sudman as personal representative and
issued orders of administration.
In October 2014, Sudman filed an election to take the elective share of her
deceased husband's estate under section 732.201, Florida Statutes (2013)....
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 3490, 1990 WL 64114
...It would also seem reasonable that, by analogy, the conclusion could be carried over to the relationship between the elective share and exempt property under the current statutory sections 732.207 and
732.402. The adoption of such a conclusion would have been supported by the language of repealed section
732.201 that was included in the Florida Probate Code adopted by the legislature in 1974. Repealed section
732.201 read as follows: If a married person ......
...specific statutory calcula *441 tion of the net distributable estate has disappeared. As noted, however, the statutory history reveals that the legislature once directed probate practitioners to deduct exempt property pursuant to the 1974 version of section 732.201 but chose to eliminate that provision in 1975 and substitute sections 732.206 through 732.208: 732.206 Property entering into computation The elective share shall be computed by taking into account all property of the decedent whereve...
...erred that exempt property is a deduction as a valid claim in section 732.207; we cannot make either of these inferences. The formula for determining the amount of the elective share is: ES = .30 [PA - (VC + L) 1 Where: ES = Elective Share (sections 732.201 - .215)....
CopyPublished | Florida 4th District Court of Appeal
...The answer depends on when the clock started to run.
In Florida, “[t]he surviving spouse of a person who dies domiciled in
Florida has the right to a share of the elective estate of the decedent as
provided in this part, to be designated the elective share.” § 732.201,
Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...2001 Revision: Change in (a) to add determination of amount of elective share and contribution as specific adversary proceedings. Committee notes revised. 2003 Revision: Committee notes revised. Statutory References § 731.107,-Fla. Stat. Adversary proceed-ingSr §§ 732.201-732.2155, Fla....
...which it is based and notice shall be served on interested persons. Committee Notes The extensive rewrite of this rule in 2001 is intended to conform it with and provide procedures to accommodate amendments to Florida’s elective share statutes, §§ 732.201 et seq., Fla....
CopyPublished | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 559, 2010 WL 322170
...Subsequent to Mr. Gomes's death in 2006, his will was admitted into probate. The will left all property not specifically devised to Ms. Foster to his lineal descendants. Ms. Foster filed a notice of her election to take her elective share pursuant to section 732.201, et seq., Florida Statutes (2006)....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 246468, 2012 Fla. App. LEXIS 1090
...production of documents pursuant to Florida Rule of Civil Procedure 1.351 on the decedent's company, McDonald Construction Corporation (MCC), a nonparty to the probate proceeding. [1] To assist her in deciding whether to take the elective share, see § 732.201, Fla....
...The probate court's order declaring that the value of the MCC stock is excluded from the surviving spouse's elective share calculation pursuant to section
732.2155(6) is a departure from the essential requirements of law. Section
732.2155(6) provides as follows: *892 Sections
732.201-732.2155 do not affect any interest in property held, as of the decedent's death, in a trust, whether revocable or irrevocable, if: (a) The property was an asset of the trust at all times between October 1, 1999, and the date of the decedent'...
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 9481, 1990 WL 205427
...X, § 4 of the Florida Constitution provides that a homestead shall not be devised if the owner is survived by a spouse and minor children, except that the homestead may be devised to a surviving spouse if there are no minor children. Further, a surviving spouse in Florida has the right under § 732.201, Florida Statutes (1989) to take an elective share of a decedent’s estate, which may include property specifically devised to others....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2749, 1985 Fla. App. LEXIS 17258
...er any present or future law of the State of Florida or any other state or of the United States, and each of the parties forever waives, releases, and relinquishes any right or claim which he or she now has or may have, pursuant to the provisions of Section 732.201 of the Probate Code of the State of Florida, as such section now exists or may hereafter be amended, or pursuant to any present or future law of any state or of the United States to elect to *305 take in contravention of the terms of...
CopyPublished | Florida 4th District Court of Appeal
...That trust agreement
directed that enough property be set aside to satisfy the wife’s elective
share: “There shall be set aside from the property of this trust as much
property as is necessary to satisfy the Wife’s elective share pursuant to
Section 732.201, et seq., of the Florida Statutes, provided the
requirements thereunder are satisfied and a timely election is filed.”
Both trust documents from 2013 and 2014 were signed only by the
decedent, who died in 2017....
