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The 2025 Florida Statutes
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F.S. 732.2155732.2155 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. (2) Nothing in ss. 732.201-732.2155 modifies or applies to the rights of spouses under chapter 61. (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.
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Annotations, Discussions, Cases:
Cases Citing Statute 732.2155
Total Results: 7
16 So. 3d 186, 2009 Fla. App. LEXIS 10739, 2009 WL 2382358
District Court of Appeal of Florida | Filed: Aug 5, 2009 | Docket: 1641311
Cited 4 times | Published
decedents dying on or after October 1, 2001. § 732.2155(1), Fla. Stat. (2000). The decedent herein died
83 So. 3d 889, 2012 WL 246468, 2012 Fla. App. LEXIS 1090
District Court of Appeal of Florida | Filed: Jan 27, 2012 | Docket: 2411586
Published
marriage due to the efforts of the decedent. See § 732.2155(6)(c). The probate court ruled that the MCC stock
988 So. 2d 1, 2007 WL 2781131
District Court of Appeal of Florida | Filed: Sep 26, 2007 | Docket: 1384315
Published
to any decedent. See ch. 99-343, Laws of Fla.; § 732.2155(1), Fla. Stat. (2001) (providing that the amendments
939 So. 2d 264, 2006 Fla. App. LEXIS 17306, 2006 WL 2956304
District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 64847194
Published
616 N.E.2d 92, 94 (1993).
. We note that section 732.2155(4), Florida Statutes (2005), provides that
867 So. 2d 501, 2004 WL 360881
District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 1386552
Published
See Ch. 99-343, § 15, at 3570, Laws of Fla.; § 732.2155, Fla. Stat. (1999). The new statute allows the
863 So. 2d 1259, 2004 Fla. App. LEXIS 81, 2004 WL 40536
District Court of Appeal of Florida | Filed: Jan 9, 2004 | Docket: 64827560
Published
expanded elective share statute did not apply. See § 732.2155(1), Fla. Stat. (2001). We agree and affirm.
The
763 So. 2d 459, 2000 Fla. App. LEXIS 7222, 2000 WL 763752
District Court of Appeal of Florida | Filed: Jun 14, 2000 | Docket: 64799017
Published
decedents dying on or after October 1, 2001.” § 732.2155(1), Fla. Slat. (1999).
