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
...In addition, the Debtor argues that the Trustee has no standing to file notice of election, as the right of election is a personal one that may only be exercised *914 by the surviving spouse, an attorney in fact, or a guardian of the property of the surviving spouse pursuant to Florida Statute § 732.2125....
...Hutchins,
491 So.2d 301, 302 (Fla. 3d DCA 1986)). The personal nature of the right of election is further supported by the fact that only the surviving spouse or those who represent the surviving spouse's best interests may exercise the right of election. See FLA.STAT. §
732.2125 (1999). Section
732.2125, Florida Statutes (1999), provides: Right of election; by whom exercisable The right of election may be exercised: (1) By the surviving spouse....
...kruptcy trustee has the ability to exercise the right of election because the elective share is property of the bankruptcy estate. [C.P. 54] The Trustee contends that a trustee in bankruptcy is not subject to the statutory limitation set forth under Section 732.2125, Florida Statutes (1999), because a bankruptcy trustee automatically steps into the same shoes as the debtor pursuant to 11 U.S.C....
...t of election, itself, is not a property interest of the debtor, and thus, not property of the estate. Since the right of election is not property of the estate, § 541 does not immunize the Trustee from the limitations set forth in Florida Statutes § 732.2125....
...While the McCourt case was determined under New York law, the Court finds both the reasoning and holding applicable in the instant case. Florida case law supports the conclusion that the right of election is personal in nature and can only be exercised by those expressly authorized under FLA.STAT. § 732.2125....
...It is also evident that an elective share interest does not exist until the statutory right of election is properly exercised. See Harmon v. Williams,
596 So.2d 1139, 1141-42 (ineffective election resulted in forfeiture of elective share), aff'd,
615 So.2d 681 (Fla.1993). Pursuant to Florida Statutes §
732.2125, it would be improper for the Trustee to exercise the Debtor's personal right of election....
CopyCited 1 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 719, 2010 Fla. LEXIS 2082, 2010 WL 4977543
...(Search of Safe Deposit Box). The proposals are in response to statutory changes made by chapter 2010-132, Laws of Florida, which went into effect October 1, 2010. See ch. 2010-132, §§ 2, 3, 6, 14, 19, Laws of Fla. (amending §§
655.935,
731.110,
732.2125,
733.2123 Fla....
...nterested persons. Committee Notes [No Change] Rule History 1984 Revision — 2005 Revision: [No Change] 2010 Cycle Report Revision: Committee notes revised. 2010 Out-of-Cycle Report Revision: Subdivision (a)(2) amended to conform to an amendment to § 732.2125, Florida Statutes....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...Amount of the elective share. §
732.2075, Fla. Stat. Sources from which elective share payable; abatement. §
732.2085, Fla. Stat. Liability of direct recipients and beneficiaries. §
732.2095, Fla. Stat. Valuation of property used to satisfy elective share. §
732.2125, Fla....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...Amount of the elective share. §
732.2075, Fla. Stat. Sources from which elective share payable; abatement. §
732.2085, Fla. Stat. Liability of direct recipients and beneficiaries. *593 §
732.2095, Fla. Stat. Valuation of property used to satisfy elective share. §
732.2125, Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Amount of the elective share. §
732.2075, Fla. Stat. Sources from which elective share payable; abatement. §
732.2085, Fla. Stat. Liability of direct recipients and beneficiaries. §
732.2095, Fla. Stat. Valuation of property used to satisfy elective share. §
732.2125, Fla....
CopyPublished | Supreme Court of Florida
...Ethics Opinion 76-16, dated April
4, 1977, for guidance regarding the duties of an attorney with respect to spousal
rights.
Rule History
1984 Revision – 2010 Revision [No Change]
2010 Out-of-Cycle Report Revision: Subdivision (a)(2) amended to conform
to an amendment to §section 732.2125, Florida Statutes.
2012 Revision: Committee notes revised.
2019 Revision: Subdivisions (a), (a)(2), (a)(2)(A), (a)(2)(D), (b)(1), (b)(2),
and (d)(3) amended to change “attorney-in-fact” to “agent” to be consistent with
chapter 709, Florida Statutes....
