CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...Since the putative father is deceased, any such action would of necessity be against the estate of the deceased and there is no probate estate pending. So in such a case where does appellant turn? It is clear to us that her petition below was a proper action. Section
733.105, Florida Statutes (1979), is a provision for, among other things, determination of beneficiaries when property passes by intestate succession. Section
733.105(3) seems to perfectly mesh with section
732.108(2)(b), both being a part of the Florida Probate Code....
...amily. The person is also a lineal descendant of his father and is one of the natural kindred of all members of the father's family, if: ... . (b) The paternity of the father is established by an adjudication before or after the death of the father. Section 733.105(3), Florida Statutes (1979): When it is necessary to determine who are or were the heirs or devisees, the court may make a determination, on the petition of any interested person, in like proceedings and after formal notice, irrespect...
...sed or the personal representative discharged. A separate *424 civil action may be brought under this subsection when an estate is not being administered. In re Estate of Raso,
332 So.2d 78 (Fla. 4th DCA 1976), seems to recognize the availability of section
733.105 for the purpose of determining the heirship of an illegitimate child....
CopyCited 2 times | Published | Supreme Court of Florida | 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595
...Effect of subsequent marriage, birth, adoption, or dissolution of marriage. §§
732.6005-732.611, Fla. Stat. Rules of construction. §
732.615, Fla. Stat. Reformation to correct mistakes. §
732.616, Fla. Stat. Modification to achieve testator's tax objectives. §
733.105, Fla....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2002 WL 941221
...Budny had altered his life insurance policy to name Mikell as its sole beneficiary. Thus, the entire insurance proceeds bypassed the estate. After the October 1972 will was admitted to probate, Mikell filed a petition for determination of beneficiaries and shares pursuant to Florida Probate Rule 5.385 and section 733.105, Florida Statutes (2000)....
CopyCited 2 times | Published | District Court, M.D. Florida | 1977 U.S. Dist. LEXIS 14478
...Section 733.401. Second, the present kinsman's petition, filed by decedent's widow to initiate this case, shall be regarded by the Court as a petition for the Court to determine the beneficiaries of decedent's property on deposit with the Court. Cf. Fla.Stat. Section 733.105....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...DETERMINATION OF BENEFICIARIES AND SHARES (a) (c) [No Change] Committee Notes [No Change] Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Subdivision (c) added to implement procedure formerly found in section
733.105(2), Florida Statutes. Committee notes revised. 2003 Revision: Change in subdivision (c) to replace "heirs or devisees" with "beneficiaries" to incorporate term used in section
733.105, Florida Statutes. Committee notes revised. 2007 Revision: Committee notes revised. Statutory References ch. 49, Fla. Stat. Constructive service of process. §
731.201(2), (21)(23), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.105, Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 1989 WL 35284
...From its inception, the statute has provided a remedy by which a person who murders the decedent is prevented from taking any benefits from the decedent's estate. The means by which relief is sought under the statute is typically via a petition to determine beneficiaries filed in probate court. Section 733.105, Florida Statutes....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Statutory References F.S. 731.107 Adversary proceedings. F.S.
732.301 Pretermitted spouse. F.S.
732.507 Effect of subsequent marriage, birth, or dissolution of marriage. F.S.
732.6005-732.611 Rules of construction. F.S. 732.803 Charitable devises. F.S.
733.105 Determination of beneficiaries....
...(4) a statement as to whether petitioner believes that there are, or may be, persons whose names are not known to him who have claims against, or interest in, the estate as beneficiaries. Committee Notes This rule represents a rule implementation of the procedure found in F.S. 733.105....
...The first sentence of (2) of the statute has not been included in this rule as the committee feels it is sufficiently covered in FPR 5.025. The second sentence of (2) of the statute is felt by the committee to be substantive and has not been included. Rule History 1988 Revision: New rule. Statutory Reference F.S. 733.105 Determination of beneficiaries....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Statutory References F.S. 731.107 Adversary proceedings. F.S.
732.301 Pretermitted spouse. F.S.
732.507 Effect of subsequent marriage, birth, or dissolution of marriage. F.S.
732.6005-732.611 Rules of construction. F.S. 732.803 Charitable devises. F.S.
733.105 Determination of beneficiaries....
...ther petitioner believes that there are, or may be, persons whose names are not known to him who have claims against, or interest in, the estate as beneficiaries. Committee Notes This rule represents a rule implementation of the procedure found in F.S. 733.105....
...The first sentence of (2) of the statute has not been included in this rule as the committee feels it is sufficiently covered in FPR 5.025. The second sentence of (2) of the statute is felt by the committee to be substantive and has not been included. Rule History 1988 Revision: New rule. Statutory Reference F.S. 733.105 Determination of beneficiaries....
CopyPublished | Supreme Court of Florida
achieve testator's tax objectives. *987 §
733.105, Fla. Stat. Determination of beneficiaries.
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Adversary proceedings. ⅞⅛⅛
732.301, Fla.Stat. Pretermitted spouse.
732.507, Fla.Stat. Effect of subsequent marriage, birth, or dissolution of marriage. ⅞¾⅛
732.6005-732.611, Fla.Stat. Rules of construction. F.S, 732,803-Charitable devises,
733.105, Fla.Stat....
...ner believes that there are, or may be, persons whose names are not known to himpetitioner who have claims against, or interest in, the estate as beneficiaries. Committee Notes This rule represents a rule implementation of the procedure found in ftSksection 733.105, Florida Statutes....
...1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. Statutory References ch. 49, Fla.Stat. Constructive service of process. §
731.201(21), Fla.Stat. General definitions. §
731.301, Fla.Stat. Notice; method and time; proof.
733.105, Fla.Stat....
...It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. Statutory References ⅜⅜⅛
732.107, Fla.Stat. Escheat. §
733.105, Fla.Stat....
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
RULE 5.385. DETERMINATION OF BENEFICIARIES AND
SHARES
(a)-(c) [NO CHANGE]
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.105, Florida Statutes....
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
RULE 5.385. DETERMINATION OF BENEFICIARIES AND
SHARES
(a)-(c) [NO CHANGE]
Committee Notes
This rule represents a rule implementation of the procedure
formerly found in section 733.105, Florida Statutes....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...After formal notice and hearing, the court shall enter an order determining the heirs or devisees or the shares and amounts they are entitled to receive, or both. Committee Notes This rule represents a rule implementation of the procedure found in section 733.105, Florida Statutes....
...ntive and has not been included. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Subdivision (c) added to implement procedure formerly found in section
733.105(2), Florida Statutes. Committee notes revised. Statutory References Ch. 49, Fla. Stat. Constructive service of process. §
731.201(21), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice, — method and time;- proof. §
733.105, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 6398
...Budny had altered his life insurance policy to name Mikell as its sole beneficiary. Thus, the entire insurance proceeds bypassed the estate. After the October 1972 will was admitted to probate, Mikell filed a petition for determination of beneficiaries and shares pursuant to Florida Probate Rule 5.385 and section 733.105, Florida Statutes (2000)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 7104
...Accordingly, we REVERSE the trial court’s order denying Griffis’ petition to add heirs and REMAND for proceedings consistent with this opinion. MICKLE and VAN NORTWICK, JJ., concur. . Although not challenged below, Griffis’ petition to add heirs appears to be a petition to determine heirs under § 733.105, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1995 WL 363251
...Accordingly, we REVERSE the trial court's order denying Griffis' petition to add heirs and REMAND for proceedings consistent with this opinion. MICKLE and VAN NORTWICK, JJ., concur. NOTES [1] Although not challenged below, Griffis' petition to add heirs appears to be a petition to determine heirs under § 733.105, Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Elective share of surviving spouse. §
732.301, Fla. Stat. Pretermitted spouse. §
732.302, Fla. Stat. Pretermitted children. §
732.507, Fla. Stat. Effect of subsequent marriage, birth, adoption, or dissolution of marriage. §§
732.6005-732.611, Fla. Stat. Rules of construction. §
733.105, Fla....
...After formal notice and hearing, the court shall enter an order determining the heirs or devises beneficiaries or the shares and amounts they are entitled to receive, or both. Committee Notes This rule represents a rule implementation of the procedure formerly found in section 733.105, Florida Statutes....
...second.sentence of (2) of the-statute-is felt by the committee-to-be-substantive and has not been included. Rule History 1988 Revision: New rule. 1992 Revision: Editorial changes. Committee notes revised. Citation form changes in committee notes. 2002 Revision: Subdivision (c) added to implement procedure formerly found in section
733.105(2), Florida Statutes. Committee notes revised. 2003 Revision: Change in subdivision (c) to replace “heirs or devisees” with “benefi *1125 ciaries” to incorporate term used in section
733.105, Florida Statutes. Committee notes revised. Statutory References ch. 49, Fla. Stat. Constructive service of process. §
731.201(2), (21), Fla. Stat. General definitions. §
731.301, Fla. Stat. Notice. §
733.105, Fla....
...It is not intended to create a new procedure or modify an existing procedure. Rule History 1988 Revision: New rule. 1992 Revision: Editorial change. Committee notes revised. Citation form changes in committee notes. 2003 Revision: Committee notes revised. Statutory References §
732.107, Fla. Stat. Escheat. §
733.105, Fla....
CopyPublished | Supreme Court of Florida
...Effect of subsequent marriage, birth,
adoption, or dissolution of marriage.
§§
732.6005–732.611, Fla. Stat. Rules of construction.
§
732.615, Fla. Stat. Reformation to correct mistakes.
§
732.616, Fla. Stat. Modification to achieve testator’s tax
objectives.
§
733.105, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Elective share of surviving spouse. §
732.301, Fla. Stat. Pretermitted spouse. §
732.302, Fla. Stat. Pretermitted children. §
732.507, Fla. Stat. Effect of subsequent marriage, birth, adoption, or dissolution of marriage. §§
732.6005-732.611, Fla. Stat. Rules of construction. §
733.105, Fla....
CopyPublished | Florida 4th District Court of Appeal | 1981 Fla. App. LEXIS 20931
beneficiaries in an adversary proceeding pursuant to section
733.105(3), Florida Statutes (1979), and Florida Rule
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 924314
...ers. In response, Lavondra's attorney requested the Division make an administrative determination that John was entitled to benefits. Lavondra also filed a petition in circuit court asking for an order determining Thelma's beneficiaries, pursuant to section 733.105 [2] and Florida Probate Rule 5.385....
...Its failure to do so appears to have been based on the assumption that the ALJ had already considered and rejected the order. In effect, the Division's willingness to allow a cure period has cost them attorney's fees. NOTES [1] Thelma's adult children were not eligible for benefits based on their age. [2] 733.105....
