CopyCited 5 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1304, 1987 Fla. App. LEXIS 8304
...owers, the court shall award taxable costs as in *731 chancery actions, including attorney's fees. The section is located in Part VI of the chapter, entitled "Duties and Powers of Personal Representative." Section
733.602 is headed "General duties"; section
733.608 is headed "General power of the personal representative" and refers to his control of the estate's assets; section
733.612 identifies a large number of transactions authorized for the personal representative if the will or an order of...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1994 WL 60835
...to use estate assets as his own. [2] According to the chapter, the personal representative "shall take all steps reasonably necessary for the management, protection, and preservation of the estate until distribution." §
733.607, Fla. Stat. (1991). Section
733.608, *1104 Florida Statutes (1991), further provides that all real and personal property of the decedent, together with the rents, income, issues and profits derived from the property, shall be assets in the hands of the personal represen...
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2017 WL 672155, 2017 Fla. App. LEXIS 2280
...She simply got the keys and drove
the car.
The stepson’s legal status was different. Upon appointment by the court, the
stepson in his capacity as personal representative would have the right to control
the assets of the estate as authorized by Decedent’s will and the law. § 733.608,
Fla....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 6903, 2009 WL 1531772
...The Appellant, Constance A. Herrilka, who is the alleged second wife of Joseph [1] and joint owner of the homestead property, argues that the trial court erred by allowing the imposition of the lien because Yates failed to meet the statutory requirements of section 733.608, Florida Statutes (2008)....
...The services were not conducted for the specific purpose of preserving, insuring, and protecting the homestead property. Also, neither party contests the real property's status as homestead property, which Constance currently occupies. Pursuant to a motion by Yates, the trial court, under section 733.608, Florida Statutes (2008), imposed a lien on the homestead property. [2] The pertinent parts of section 733.608 are: (2) If property that reasonably appears to the personal representative to be protected homestead is not occupied by a person who appears to have an interest in the property, the personal representative is authorized, but not requ...
...The debt shall include any amounts paid for these purposes after the decedent's death and prior to the personal representative's appointment to the extent later ratified by the personal representative *124 in the court proceeding provided for in this section. § 733.608(2)-(3) (emphasis added). The trial court's decision to impose the lien pursuant to section 733.608 was improper because, in accordance with the plain meaning of the statute, Yates failed to meet its requirements....
...This is because: (1) Yates has not, and cannot, take possession of the property, as it is occupied by an "interested person;" and (2) the fees incurred by Yates for which the lien was imposed were not incurred for the purpose of preserving, maintaining, insuring, or protecting the homestead property. With respect to section 733.608, subsection (3) allows for imposition of a lien on "property referenced in subsection (2)." § 733.608(3)....
...by a person who appears to have an interest in the property" which the personal representative has "take[n] possession of ... for the limited purpose of preserving, insuring, and protecting it for the person having an interest in the property." Id. § 733.608(2)....
...For purposes of probate litigation, the Florida Legislature has defined an "interested person" as "any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." Id. §
731.201(23). In order to impose a lien, section
733.608(3) also requires that the "expenditures and obligations incurred," which include "fees and costs," for which the lien is imposed were incurred for the purpose of "preserv[ing], maintain[ing], insur[ing], or protect[ing]" the homestead property....
...In this case, the trial court erred in imposing the lien because the homestead property was never taken into possession, either legally or factually, by Yates, as Constance still occupies it. This failure to take possession negates a claim for the imposition of the lien because, to do so, section 733.608 first requires that the personal representative take possession of the property "for the limited purpose of preserving, insuring, and protecting it." § 733.608(2)....
...ty, as well as being the property's current occupant, she is a "person who may reasonably be expected to be affected by the outcome of the particular proceeding involved." Id. §
731.201(23). Even if Yates met the threshold possession requirement of section
733.608, the lien was still not properly imposed. This is because the expenses the lien represents were incurred for legal services having to do with the administration of the Estate. The services, as required by section
733.608(3), were not incurred for the specific purpose of preserving, maintaining, insuring, or protecting the homestead property. Accordingly, the imposition of the lien was improper because it failed to meet the requirements of section
733.608....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2017 WL 913632, 2017 Fla. App. LEXIS 3034
...is not an entity that can
be a party to litigation. It is the personal representative of the estate, in a representative
capacity, that is the proper party." Ganske v. Spence, 129 S.W.3d 701, 704 n.1 (Tex.
App. 2004) (citations omitted); see also § 733.608, Fla....
CopyCited 2 times | Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 22000
contributions; to equalize advances; and for distribution. §
733.608, Fla.Stat. (1981). The personal representative
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 2899461
...Following a hearing, the court entered an order determining homestead status. The court ruled that the Baker Road property was protected homestead, and that accordingly, the proceeds from the homestead's sale were likewise protected and not subject to claims of unsecured creditors. The court reasoned that section 733.608(2), Florida Statutes, gave the personal representative the discretionary power to take possession of homestead property to protect it for the benefit of the heirs, and that Snyder did not act improperly in taking possession of the Baker Road property....
...An amendment to this subsection, effective January 1, 2002, added the word "protected" before the word "homestead." The effect, however, appears unchanged: the personal representative is authorized to take possession of the decedent's property save for the homestead. Section 733.608, Florida Statutes (2001), as worded at the time of the decedent's death, delineated the general powers of the personal representative and provided that: All real and personal property of the decedent, except the homestead, within this state . . . shall be assets in the hands of the personal representative. . . . A complication arises, however, because section 733.608 was amended effective January 1, 2002, and again effective June 12, 2003....
...tect it for the heirs. It does not, however, authorize the personal representative to sell the property. This amendment does not impair vested rights but is entirely remedial in nature, designed to safeguard the value of homestead property. As such, section 733.608 was correctly applied to this estate even though the decedent died before its effective date....
...of a specific testamentary directive otherwise, is not subject to forced sale and cannot be used to satisfy a general bequest of cash. The court emphasized that protected homestead property under such circumstances is not part of the probate estate. Section 733.608(2), Florida Statutes, which authorizes a personal representative to take control of protected homestead property where necessary to protect it for the heirs, was not implicated in McKean, as it is here. Having concluded that section 733.608(2), Florida Statutes (2002), was properly invoked by the trial court as authorizing the personal representative to take possession of the Baker Road property for the protection of the heirs, the remaining question concerns the actual authority of the personal representative to then sell the property....
...The trial court noted that the decedent's will gives the personal representative the authority to sell real estate and to dispose of "all or any part of the assets of the estate." However, as recently reiterated in McKean, protected homestead property is not property of the probate estate. While section 733.608(2) gives the personal representative authority to take possession of homestead property to preserve it, it does not grant to the personal representative the power to sell said property....
...Harrell also filed a petition to surcharge personal representative asking that damages be assessed against Snyder for various alleged breaches of her fiduciary duties. These matters are not before this Court in the instant appeal. [3] A June 12, 2003, amendment to section 733.608 creates subsections (3) through (12) which, inter alia, authorize the personal representative to expend funds or incur obligations to preserve the homestead property and to obtain a lien on the property to secure repayment....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...Constitutional Reference [No Change] Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(29)(31), Fla. Stat. General definitions. §
732.401, Fla. Stat. Descent of homestead. §
732.4015, Fla. Stat. Devise of homestead. §
733.607, Fla. Stat. Possession of estate. §
733.608, Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...urred, including fees and costs. (c) Service. A copy of the recorded notice of lien shall be served on interested persons in the manner provided for service of formal notice. Committee Notes Rule History 2005 Revision: New rule. Statutory References § 733.608, Fla....
...to preserve, maintain, insure, or protect the protected homestead, including fees and costs. (c) Service. The petition shall be served on interested persons by formal notice. Committee Notes Rule History 2005 Revision: New rule. Statutory References § 733.608, Fla....
...2005 Revision: Term “devisees” substituted for “beneficiaries” in subdivision (b)(2) to clarify the status of persons inter *1209 ested in protected homestead. Committee notes revised. Statutory References § 732,401, Fla. Stat. Descent of homestead. § 732,4015, Fla. Stat. Devise of homestead. § 733.608(2), Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...1988 Revision: Editorial change in (a). Subparagraph (b)(4) amended to conform to constitutional change. Committee notes revised. Citation form change in committee notes. Statutory References F.S.
732.4015 Devise of homestead. F.S.
733.607 Possession of estate. F.S.
733.608 General power of the personal representative....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...1988 Revision: Editorial change in (a). Subparagraph (b)(4) amended to conform to constitutional change. Committee notes revised. Citation form change in committee notes. Statutory References F.S.
732.4015 Devise of homestead. F.S.
733.607 Possession of estate. F.S.
733.608 General power of the personal representative....
CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 482, 2010 Fla. LEXIS 1455, 2010 WL 3431722
...Constitutional Reference [No Change] Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(3133), Fla. Stat. General definitions. §
732.401, Fla. Stat. Descent of homestead. §
732.4015, Fla. Stat. Devise of homestead. §
733.607, Fla. Stat. Possession of estate. §
733.608, Fla....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...itution. The jurisdiction of the court to determine constitutional homestead property was established by In Re Noble’s Estate,
73 So.2d 873 (Fla.1954). Rule History 1984 Revision: New rule. Statutory References F.S.
733.607 Possession of estate. F.S.
733.608 General power of the personal representative....
CopyPublished | Supreme Court of Florida
...Verification of documents.
§
731.201(33), Fla. Stat. General definitions.
§
732.401, Fla. Stat. Descent of homestead.
- 17 -
§
732.4015, Fla. Stat. Devise of homestead.
§
733.607, Fla. Stat. Possession of estate.
§
733.608, Fla....
CopyPublished | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 2707, 1987 Fla. App. LEXIS 11203, 1987 WL 1915
...not owned by the decedent and thus was not an asset of the decedent’s estate but rather was a separate and distinct property interest which was not in a legal sense a cloud on appellee’s title to the surface estate as contended by appellee, see section 733.608, Florida Statutes (1985); Trustees of Tufts College v....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...*876 (c) Service of Notice. The notice shall be served in the manner provided for service of formal notice on interested persons and on any person in actual possession of the property. Committee Notes Rule History 2002 Revision: New rule. Statutory Reference § 733.608(2), Fla....
...Statutory References §
731.104, Fla. Stat. Verification of documents. §
731.201(29), Fla. Stat. General definitions. *877 §
732.401, Fla. Stat. Descent of homestead. §
732.4015, Fla. Stat. Devise of homestead. §
733.607, Fla. Stat. Possession of estate. §
733.608, Fla....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1998 Bankr. LEXIS 1924
...Cal.Civ.Code, § 700. Future interests; possibilities. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind. . Fla.Stat. §
732.514. . Fla.Stat. §
732.101(2). . Fla.Stat. §
733.607. . Fla.Stat. §
733.608....
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
made in that section or s 197.291(2), F.S. Section
733.608, F.S., of the Florida Probate Code (Chs. 731-735
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Statutory References §
731.104, Fla. Stat. Verification of documents. *1130 §
731.201(29), Fla. Stat. General definitions. §
732.401, Fla. Stat. Descent of homestead. §
732.4015, Fla. Stat. Devise of homestead. §
733.607, Fla. Stat. Possession of estate. §
733.608, Fla....
CopyPublished | Supreme Court of Florida
...Descent of homestead.
§
732.4015, Fla. Stat. Devise of homestead.
§
732.702, Fla. Stat. Waiver of spousal rights.
§
732.7025, Fla. Stat. Waiver of homestead rights by deed.
§
733.607, Fla. Stat. Possession of estate.
§
733.608, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 12193, 2010 WL 3239174
...Austin Carr, Coral Gables, for appellee. Before RAMIREZ, C.J., and COPE and SUAREZ, JJ. PER CURIAM. This is an appeal of an order of the probate division of the circuit court denying the appellant law firm's petition for an order adjudicating its claim of lien under section 733.608, Florida Statutes (2008). As the law firm was neither a personal representative nor a curator, nor counsel for same, we fail to see a basis on which the appellants are entitled to a personal representative's lien under section 733.608....
CopyPublished | Florida 5th District Court of Appeal
...Stat.
(2016) (“Except as otherwise provided by a decedent’s will, every personal
representative has a right to, and shall take possession or control of, the
decedent’s property, except the protected homestead . . . .”) (emphasis
added); § 733.608(1)(c), Fla....
...which found that Decedent’s homestead, complete with its constitutional
protections, passed to Schell at the moment of Decedent’s death, the sale
proceeds from Decedent’s devised homestead cannot be used to pay the
estate’s administrative fees and costs. See § 733.608(1)(c)....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2008 WL 5411578
...pursuant to Florida Statute Section
733.602(1). He was obligated to manage, protect, and preserve the estate pursuant to Florida Statute Section
733.607(1). He did not have an individual right of possession to any of the estate's assets. Fla. Stat. §
733.608(1) [22] ; *283 State of Fla....
...He was removed as the Personal Representative as a result of such failing. His failure to make distribution to the Plaintiff of funds that were entrusted to him as the Personal Representative constitutes a defalcation of fiduciary duty. Fla. Stat. §§
733.602(1),
733.608(1)(c),
733.609(1); Quaif,
4 F.3d at 955....
...[21] Section 737.302 was repealed effective July 1, 2007 and
733.602 was amended to refer to "part VII of chapter 736." The preamendment, pre-repeal statutory provisions are applicable given the Decedent's probate proceeding was commenced in 2003. [22] Section
733.608 titled "General power of the personal representative" provides in subsection (1): "All real and personal property of the decedent, except the protected homestead, within this state and the rents, income, issues, and profits from it sh...
