Florida Statute 732.606 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.606

732.606 Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.—

(1) If specifically devised property is sold by a guardian of the property or if a condemnation award or insurance proceeds are paid to a guardian of the property, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if, subsequent to the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by 1 year. The right of the specific devisee under this subsection is reduced by any right described in subsection (2).

(2) A specific devisee has the right to the remaining specifically devised property and:

(a) Any balance of the purchase price owing from a purchaser to the testator at death because of sale of the property plus any security interest.

(b) Any amount of a condemnation award for the taking of the property unpaid at death.

(d) Property owned by the testator at death as a result of foreclosure, or obtained instead of foreclosure, of the security for the specifically devised obligation.

History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 969, ch. 97-102; s. 54, ch. 2001-226.

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Amendments to 732.606

Arrestable Offenses / Crimes under Fla. Stat. 732.606

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.606.

Annotations, Discussions, Cases:

Cases Citing Statute 732.606

Total Results: 8

Basile v. Aldrich

Court: District Court of Appeal of Florida | Date Filed: 2011-08-23

Citation: 70 So. 3d 682, 2011 Fla. App. LEXIS 13243, 2011 WL 3696309

Snippet: section 732.605 (“Change in securities”), section 732.606 (“Nonademption of specific devises”), section 732

Padgett v. Padgett

Court: District Court of Appeal of Florida | Date Filed: 1989-08-15

Citation: 547 So. 2d 342, 14 Fla. L. Weekly 1920, 1989 Fla. App. LEXIS 4568, 1989 WL 90479

Snippet: not be able to recover anything under Section 732.606(2)(a), Florida Statutes (1987),4 because any monies

In Re Estate of Jones

Court: District Court of Appeal of Florida | Date Filed: 1985-07-12

Citation: 472 So. 2d 1299, 10 Fla. L. Weekly 1697

Snippet: certain circumstances ademption shall not occur. § 732.606, Fla. Stat. (1981). When the statute applies, the

CENTURY NAT. BANK OF BROWARD v. Bryan

Court: District Court of Appeal of Florida | Date Filed: 1985-01-30

Citation: 468 So. 2d 243, 10 Fla. L. Weekly 295

Snippet: 498 (Fla. 5th DCA 1981), which held that section 732.606(1), Florida Statutes (1979), applies to guardians

Ott v. Ott

Court: District Court of Appeal of Florida | Date Filed: 1982-08-25

Citation: 418 So. 2d 460, 1982 Fla. App. LEXIS 21417

Snippet: Section 732.-606(2)(a) the children were entitled to the mortgage and note. Section 732.606 reads: 732

Owen v. Wilson

Court: District Court of Appeal of Florida | Date Filed: 1981-06-10

Citation: 399 So. 2d 498

Snippet: whether Florida's nonademption statute, section 732.606, Florida Statutes (1979), applies to a devise by

Estate of Ganier

Court: District Court of Appeal of Florida | Date Filed: 1981-05-27

Citation: 402 So. 2d 418

Snippet: Annot., 51 A.L.R.2d 770 §§ 3, 4 (1957). [8] § 732.606(1), Fla. Stat. (1979). [9] If the specific legatee

Dobson v. Lawson

Court: District Court of Appeal of Florida | Date Filed: 1979-05-22

Citation: 370 So. 2d 1238, 1979 Fla. App. LEXIS 15028

Snippet: applicable to a sale with deferred payments because § 732.606(2), Florida Statutes (1977), applies. That statute