732.2155
Effective date; effect of prior waivers; transition rules.
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732.2155 Effective date; effect of prior waivers; transition rules.—
(1) Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. The law in effect prior to October 1, 1999, applies to decedents dying before October 1, 2001.
(3) A waiver of elective share rights before the effective date of this section which is otherwise in compliance with the requirements of s. 732.702 is a waiver of all rights under ss. 732.201-732.2145.
(4) Notwithstanding anything in s. 732.2045(1)(a) to the contrary, any trust created by the decedent before the effective date of ss. 732.201-732.2145 that meets the requirements of an elective share trust is treated as if the decedent created the trust after the effective date of these sections and in satisfaction of the elective share.
(5) Sections 732.201-732.2155 do not affect any interest in contracts entered into for adequate consideration in money or money’s worth before October 1, 1999, to the extent that the contract was irrevocable at all times from October 1, 1999, until the date of the decedent’s death.
(6) 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’s death;
(b) The decedent was not married to the decedent’s surviving spouse when the property was transferred to the trust; and
(c) The property was a nonmarital asset as defined in s. 61.075 immediately prior to the decedent’s death.
History.—s. 15, ch. 99-343; s. 30, ch. 2001-226.
Notes of Decisions
Cited in 7
cases, 2000–2012 · leading case: Boulis v. Blackburn
Boulis v. Blackburn (2009)
“§ 732.2155(1), Fla. Stat. (2000). The decedent herein died on February 6, 2001, before the amendments became effective, so the version in effect prior to October 1, 1999, is applicable.”
McDonald v. Johnson (2012)
“The probate court ruled that the MCC stock was not part of the probate estate, and therefore, the information requested was not relevant. It further ruled that the value of the MCC stock is excluded from the surviving spouse’s elective share calculation pursuant to section 732.”
In Re Estate of Magee (2007)
“; § 732.2155(1), Fla. Stat. (2001) (providing that the amendments to the elective share provisions are effective as of October 1, 1999, but only apply to decedents dying after October 1, 2001).”
Velde v. Velde (2004)
“; § 732.2155, Fla. Stat. (1999). The new statute allows the surviving spouse to petition the court for an extension of time for making an election and to withdraw an election within eight months of the decedent's death and before the court's order of contribution.”
Faile v. Fleming (2000)
“…732.201-732.2155, Florida Statutes (1999), are effective "for all decedents dying on or after October 1, 2001.” § 732.2155(1), Fla. Slat. (1999).”
Estate of Heid v. Heid (2004)
“See § 732.2155(1), Fla. Stat. (2001). We agree and affirm.”
Janien v. Janien (2006)
“2155(4), Florida Statutes (2005), provides that "any trust created by the decedent before the effective date [contained in section 732.2155(1) ] that meets the requirements of an elective share trust is treated as if the decedent created the trust after the effective date of…”
— 732.2155(1) — 5 cases
Boulis v. Blackburn (2009)
“§ 732.2155(1), Fla. Stat. (2000). The decedent herein died on February 6, 2001, before the amendments became effective, so the version in effect prior to October 1, 1999, is applicable.”
In Re Estate of Magee (2007)
“; § 732.2155(1), Fla. Stat. (2001) (providing that the amendments to the elective share provisions are effective as of October 1, 1999, but only apply to decedents dying after October 1, 2001).”
Faile v. Fleming (2000)
“…732.201-732.2155, Florida Statutes (1999), are effective "for all decedents dying on or after October 1, 2001.” § 732.2155(1), Fla. Slat. (1999).”
Estate of Heid v. Heid (2004)
“See § 732.2155(1), Fla. Stat. (2001). We agree and affirm.”
Janien v. Janien (2006)
“2155(4), Florida Statutes (2005), provides that "any trust created by the decedent before the effective date [contained in section 732.2155(1) ] that meets the requirements of an elective share trust is treated as if the decedent created the trust after the effective date of…”
— 732.2155(4) — 1 case
Janien v. Janien (2006)
“2155(4), Florida Statutes (2005), provides that "any trust created by the decedent before the effective date [contained in section 732.2155(1) ] that meets the requirements of an elective share trust is treated as if the decedent created the trust after the effective date of…”
— 732.2155(6) — 1 case
McDonald v. Johnson (2012)
“The probate court ruled that the MCC stock was not part of the probate estate, and therefore, the information requested was not relevant. It further ruled that the value of the MCC stock is excluded from the surviving spouse’s elective share calculation pursuant to section 732.”
— 732.2155(6)(c) — 1 case
McDonald v. Johnson (2012)
“The probate court ruled that the MCC stock was not part of the probate estate, and therefore, the information requested was not relevant. It further ruled that the value of the MCC stock is excluded from the surviving spouse’s elective share calculation pursuant to section 732.”
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