CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 10739, 2009 WL 2382358
...uch time as the property is withdrawn from the trust or the spouse's death. [3] The elective share provisions of the Florida Probate Code were amended in 1999 and became effective October 1, 1999, for all decedents dying on or after October 1, 2001. § 732.2155(1), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2007 WL 2781131
...Judith Magee (Judith) appeals an order entered in a probate proceeding regarding her father, Robert W. Magee, that determines Edna Magee's right as a surviving spouse to an elective share of Mr. Magee's estate. The order expressly declares that Florida's elective share statutes, codified at sections
732.201 to
732.2155, Florida Statutes (2002), are constitutional under the United States and Florida Constitutions....
...Magee's grandchildren would each receive one-fourth of the remaining trust assets and income. Notably, this amendment was made well after substantial revisions were made to Florida's elective share statutes in 1999 and after the date those statutes applied to any decedent. See ch. 99-343, Laws of Fla.; § 732.2155(1), Fla....
...tive share statutes are unconstitutional under the Florida and United States Constitutions. The probate court rejected this assertion and determined that Edna was entitled to an elective share in accordance with the provisions of sections
732.201 to
732.2155....
CopyPublished | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 17306, 2006 WL 2956304
..."The trustee of a nominee trust acts at the direction of the beneficiaries, functioning more as an agent than as a true trustee.” Zuroff v. First Wisconsin Trust *266 Co., 41 Mass.App.Ct. 491 , 671 N.E.2d 982 , 983 n. 3 (1996); see Morrison v. Lennett, 415 Mass. 857 , 616 N.E.2d 92, 94 (1993). . We note that section 732.2155(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 these sections and in satisfaction of the elective share.” ....
CopyPublished | Florida 5th District Court of Appeal | 2004 Fla. App. LEXIS 81, 2004 WL 40536
...In dismissing Jones’ complaint with prejudice, the trial judge concluded that Florida’s expanded elective share statute applies only to persons dying after October 1, 2001, and because Decedent died prior to that date, the expanded elective share statute did not apply. See § 732.2155(1), Fla....
...e concept of an “elective estate,” thereby, substantially broadening the amount and types of property subject to the elective share, by its own terms, the revisions are effective only to decedents dying on or after October 1, 2001. Specifically, section
732.2155(1), Florida Statutes (2000), provides: Sections
732.201-
732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001....
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 246468, 2012 Fla. App. LEXIS 1090
...[1] To assist her in deciding whether to take the elective share, see §
732.201, Fla. Stat. (2010), the surviving spouse sought financial information from MCC that she asserted was relevant to determining whether the value of MCC's stock had increased during the marriage due to the efforts of the decedent. See §
732.2155(6)(c)....
...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 732.2155(6)....
...lowed to obtain information necessary to make a decision regarding whether to take the elective share. 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's death;...
...l asset as defined in s.
61.075 immediately prior to the decedent's death. The parties agree that only the applicability of subsection (6)(c) is at issue in this case. There are no cases interpreting subsection (6)(c). We conclude that the fact that section
732.2155(6)(c) cites to section
61.075 without a specific citation to the subsection defining nonmarital property indicates the legislature's intent that the entire statute, which defines both marital and nonmarital property, is to be conside...
...
61.075(6)(a)(1)(b), Fla. Stat. (2010). In other words, if the value of the MCC stock in the decedent's revocable trust increased pursuant to the terms of section
61.075(6)(a)(1)(b), that increase would not be excluded from the elective share under section
732.2155(6)(c)....
CopyPublished | Florida 4th District Court of Appeal | 2004 WL 360881
...[2] Prior to entry of the final judgment, the spouse was successful in obtaining an amendment to the inventory, reflecting over one million dollars in additional assets. [3] Section 732.212, the elective share statute, was substantially revised in 1999. See Ch. 99-343, § 15, at 3570, Laws of Fla.; § 732.2155, Fla....
