CopyCited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
...An order authorizing a private sale shall specify the price and terms of the sale. An order authorizing a public sale shall specify the type of notice of sale to be given by the personal representative. Committee Notes Petitions under the rule are governed by section 733.610, Florida Statutes, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the transaction or it...
...Citation form changes in committee notes. 1992 Revision: Committee notes revised. Citation form changes in committee notes. 1996 Revision: Editorial changes. Statutory References
733.609, Fla.Stat. Improper exercise of power; breach of fiduciary duty.
733.610, Fla.Stat....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1994 WL 90394
...When the foreclosure action was tried, [2] the court found in Ms. Brake's favor on the first three mortgages. The court found the fourth note and mortgage [3] "voidable at the election of beneficiaries and therefore unenforceable because it was made in violation of Section 733.610, F.S." [4] Thus Ms....
...Under these circumstances, we do not see how Ms. Brake can be surcharged with respect to the first three mortgages. In view of the fact that the fourth mortgage was invalidated because it was an encumbrance in favor of the personal representative obtained without required court approval, see § 733.610, Fla....
...One of the mortgages was in favor of Eileen E. Murphy, but was assigned to Eileen Brake. [2] The foreclosure action was tried before a different judge than the judge presiding in the probate proceeding. [3] The fourth mortgage was in favor of Eileen M. Brake and Robert M. Brake. [4] Section 733.610, Florida Statutes (1991), provides: Any sale or encumbrance to the personal representative or his spouse, agent, or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction that is af...
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...An order authorizing a sale may provide for the public or private sale of the real property described therein, in parcels or as a whole. If public sale is ordered, the personal representative shall give such notice as the order requires. Committee Notes Petitions under the rule are governed by F.S. 733.610, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the transaction or it was approved by the court after notice to all interested persons, and by F.S....
...thereof is situated has been deleted. Committee notes revised and expanded. 1988 Revision: Committee notes expanded. Citation form changes in committee notes. Statutory References F.S.
733.609 Improper exercise of power; breach of fiduciary duty. F.S.
733.610 Sale, encumbrance or transaction involving conflict of interest....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...If public sale is ordered, the personal representative shall give such notice as the order requires. Proposed Rule RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER CONFERRED [NO CHANGE RECOMMENDED] Committee Notes Petitions under the rule are governed by F.S. 733.610, under which sales are voidable by interested persons if there was a conflict of interest without full disclosure and consent, unless the will or contract entered into by the decedent authorized the transaction or it was approved by the court after notice to all interested persons, and by F.S....
...thereof is situated has been deleted. Committee notes revised and expanded. 1988 Revision: Committee notes expanded. Citation form changes in committee notes. Statutory References F.S.
733.609 Improper exercise of power; breach of fiduciary duty. F.S.
733.610 Sale, encumbrance or transaction involving conflict of interest....
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
Fla. R. App. P. 9.020(h) Definitions.
RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER
CONFERRED
(a)-(b) [NO CHANGE]
Committee Notes
Petitions under the rule are governed by section 733.610,
Florida Statutes, under which sales are voidable by interested
persons if there was a conflict of interest without full disclosure and
consent, unless the will or contract entered into by the decedent
authorized the transaction or it...
CopyPublished | Supreme Court of Florida
...2.516 Service of pleadings
and documents.
Fla. R. App. P. 9.020(h) Definitions.
RULE 5.370. SALES OF REAL PROPERTY WHERE NO POWER
CONFERRED
(a)-(b) [NO CHANGE]
Committee Notes
Petitions under the rule are governed by section 733.610,
Florida Statutes, under which sales are voidable by interested
persons if there was a conflict of interest without full disclosure and
consent, unless the will or contract entered into by the decedent
authorized the transaction or it...
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1499, 1989 Fla. App. LEXIS 3526, 1989 WL 65903
...of $7,000,000. There is no supportable contention that the value is more or less than this figure, but appellant nonetheless contested the sale. The will contained a general power of sale. However, in recognition of the potential difficulty posed by section 733.610, Florida Statutes (1985), appellee petitioned for approval of the sale....
CopyPublished | District Court of Appeal of Florida | 2001 Fla. App. LEXIS 9172, 2001 WL 746703
...to anyone other than the Florida Department of Revenue. Because there was a distinct conflict of interest between Adrienne and the grandsons’ residual interests in the trust, we readily conclude that the amended inventory was a legal nullity under section 733.610 Florida Statutes (2000) 2 ....
...(2000). 3 Reversed and remanded with directions. . The allegations of the petition were sufficient to have warranted the revocation of probate even if the Estate has not already been reopened. See §
733.109, Fla. Stat.(2000); Fla. Prob. R. 5.270. . Section
733.610, Florida Statutes (2000) provides: Any sale or encumbrance to the personal representative or his or her spouse, agent, or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest...
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1823, 1985 Fla. App. LEXIS 14482
...der thereon were served on all interested persons. In view of the obligations imposed upon personal representatives under Florida law and in light of the token amount paid for the land, the court may have abused its discretion in approving the sale. Section 733.610 provides: Sale, encumbrance or transaction involving conflict of interest....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 305, 1988 Fla. App. LEXIS 283, 1988 WL 4396
...The partnership to which the payments were made to operate the grove property no longer existed after the decedent died. Thus William, as the sole owner of the partnership assets and as a part owner, at least, of the groves was, to that extent, dealing with estate money for his own interests. Section 733.610, Florida Statutes (1985) provides: Any sale or encumbrance to the personal representative or his spouse, agent, or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction that is aff...
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 385486, 2012 Fla. App. LEXIS 1768
...ing that "discovery of a will and the issuance of letters testamentary after the appointment of an administrator for an estate does not render the grant of letters of administration void. It is only voidable."
95 So.2d 244, 246 (Fla.1957)); see also §
733.610, Fla....
