CopyCited 25 times | Published | Supreme Court of Florida | 1990 WL 74588
...(1985), and a coverture restriction, art. X, § 5, Fla. Const.; see also §
732.111, Fla. Stat. (1985), The Probate Code provides for an elective share, §§
732.201-.215, Fla. Stat. (1985), personal property exemptions, §
732.402, Fla. Stat. (1985), and a family allowance, §
732.403, Fla....
CopyCited 12 times | Published | Supreme Court of Florida
...The statute makes a sex-based classification. We agree with the appellant's claim that the sex-based classification is irrational and denies equal protection under the Florida and the United States Constitutions. The family allowance statute no longer makes a sex-based classification, Section 732.403, Florida Statutes (1975); but the 1973 statute governs this case....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2008 WL 4057751
...n of Grantor's estate including ancillary. Id. As in our case, there were insufficient assets in Paul's residuary probate estate to pay the claims against the estate or a family allowance the trial court ordered be paid to Judy. Id. at 695; see also § 732.403, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2013 WL 3834371, 2013 Fla. App. LEXIS 11732
...isfy her elective share. AFFIRMED. SAWAYA, J., and APTE, A.S., Associate Judge, concur. . Statutory minimum benefits include such items as homestead, Art. X, § 4(c), Fla. Const.; elective share, §§
732.201-.2155, Fla. Stat.; and family allowance, §
732.403.
CopyPublished | Florida 3rd District Court of Appeal | 2005 Fla. App. LEXIS 17214, 2005 WL 2861179
SHEPHERD, J. This is an appeal from an order of the probate court vacating a family allowance that was awarded for the benefit of a minor child of the decedent, Amado Luis Valdes, pursuant to section 732.403 of the Florida Statutes (2003)....
...On December 15, 2003, the lower court granted the spouse’s petition for a family allowance for the benefit of the.minor child during the pendency of the probate proceeding, payable in the sum of $526.06 per month, capped, of course, at the statutory limit of $18,000. § 732.403, Fla....
...of Appellate Procedure 9.110(b), and for the additional reason that the denial of the personal representative’s first petition, which was not appealed, operates to bar the second petition under the common law doctrine of res judicata. We disagree. Section 732.403 authorizes a probate court to award a “reasonable allowance” out of the money of the estate for the benefit of a surviving spouse or lineal heirs the decedent was supporting or was obligated to support during administration of the estate. § 732.403, Fla....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2659, 1987 Fla. App. LEXIS 11106, 1987 WL 1686
RYDER, Acting Chief Judge. This appeal is from the trial court’s order granting appellee’s petition for family allowance, as authorized by section 732.403, Florida Statutes (1985)....
...eed for a Family Allowance, and that the Separate Property Agreement of May 25, 1986 [sic] is not a bar to her right to a Family Allowance.” The trial court ordered the estate to pay appellee $500.00 per month, not to exceed the maximum allowed in section 732.403, Florida Statutes (1985)....
CopyPublished | Florida 2nd District Court of Appeal | 1990 WL 84422
...Chlipala, of Jerald J. Chlipala, P.A., Fort Myers, for appellants. No appearance by appellee. ALTENBERND, Judge. The trial court granted Beulah DeSmidt, the surviving spouse of Hermanes K. DeSmidt, a family allowance from her husband's estate pursuant to section 732.403, Florida Statutes (1987)....
...The Code now provides: In addition to homestead and exempt property, if the decedent was domiciled in Florida at the time of his death, the surviving spouse ... [is] entitled to a reasonable allowance in money out of the estate for [the spouse's] maintenance during administration. § 732.403, Fla....
