CopyCited 12 times | Published | Florida 1st District Court of Appeal
...each of the personal representative's obligation either to the beneficiaries of the estate or to creditors. B. Hodson also argues, as he did successfully below, that the judgment for fees and costs represents a Class I claim against the estate under section 733.707, Florida Statutes (1993), and he is entitled to payment from the money held by the personal representative to satisfy the claim....
CopyCited 12 times | Published | Supreme Court of Florida | 1995 WL 337970
...This policy has been continuously expressed in the law of this state and is controlling. We agree with the district court's reasoning and conclude that the children, as third-party beneficiaries under the mutual wills of their parents, should not be given creditor status under section 733.707, Florida Statutes (1993), when their interests contravene the interests of the surviving spouse under the pretermitted spouse statute....
...Putnam breached his joint and mutual will that he made with Joann Putnam when he married Rachel Putnam without taking appropriate steps to protect the interests of the third-party beneficiaries under said will" and that the claims of the children "are class 7 obligations pursuant to § 733.707, Florida Probate Code." [3] The trial judge concluded that "any pretermitted spouse share or elective share that Rachel Putnam may have is subject to the class 7 obligations of this estate." On appeal, the district court reversed and noted...
...viving spouse of a marriage in existence at the time of a decedent's death. The Instant Case The children argue that they are third-party beneficiaries of the contract between the decedent and their mother and that they deserve creditor status under section 733.707....
...GRIMES, C.J., and SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur. NOTES [1] §
732.301, Fla. Stat. (1993). [2] The Petitioners in this case are the decedent's five children and his stepson. [3] This class is denominated class 8 in the current statute. §
733.707, Fla....
CopyCited 10 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22149149
...its capacity as personal representative. Thus we are here concerned only with the issue of the Bank's potential liability as successor trustee of the decedent's revocable trust. At the time of the decedent's death in May 2001, the pertinent statute, section 733.707(3), Florida Statutes (2000), read: Any portion of a trust with respect to which a decedent who is the grantor has at the decedent's death a right of revocation, as defined in paragraph (e), either alone or in conjunction with any othe...
...However, the widow argues that the trial court erred in dismissing with prejudice her claim against the Bank in its capacity as successor trustee "without in some manner qualifying or limiting that prejudice so as to permit [the widow] to seek relief under § 733.707(3), Fla....
...Under those circumstances, if and when they occur, both parties appear to assume that the widow may then have an "enforceable claim" that she could enforce directly against the revocable trust to the extent that the decedent's estate may be insufficient to pay claims and expenses of administration pursuant to section 733.707(3)....
...Therefore, abatement is not an appropriate disposition of the premature action, and a dismissal without prejudice is required. A dismissal without prejudice will make clear that the widow's ability to seek relief against the decedent's revocable trust under section 733.707 for such enforceable claims against the decedent's estate as she may now have or hereafter acquire will not be precluded by the effect of a prior dismissal....
...der providing that such dismissal is without prejudice. Affirmed in part, reversed in part, and remanded with directions. CASANUEVA and CANADY, JJ., concur. NOTES [1] Although the issue is not now ripe for adjudication, there is reason to doubt that section 733.707(3), Florida Statutes (2000), authorized a decedent's creditor to maintain a direct action against the trustee of a revocable trust for an "enforceable claim" that depended on the liability of the grantor apart from remedies available to the creditor against the personal representative of the estate....
...Properties,
766 So.2d 393, 395 (Fla. 2d DCA 2000), and Tobin v. Damian,
723 So.2d 396, 397 (Fla. 4th DCA 1999), may suggest that such a direct action was available, each case's construction of the term "enforceable claims" in reference to a revocable trust's liability pursuant to section
733.707(3) must be read in conjunction with section
733.607(2). Section
733.607(2) entitled the personal representative to payment from a trust described in section
733.707(3) if the estate assets were insufficient to pay the expenses of administration and enforceable claims of the decedent's creditors. The trust's liability under section
733.707(3) to pay the expenses of administration and enforceable claims of the decedent's creditors in the event of an insufficiency of estate assets was established by express reference to section
733.607(2)....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1999 WL 212172
...Based on the testimony and argument of counsel, the trial judge issued an order determining distribution of estate assets in accordance with the personal representative's proposed distribution. The $10,000 awarded to the estate was distributed pursuant to the Florida Probate Code, section 733.707, Florida Statutes (1997), as follows: $3,330.00 Attorney's fees to counsel for obtaining the recovery from the tortfeasor's insurance company....
...e, the trial court recognized that virtually no funds would be available from which the claims of the medical creditors could be paid and ordered that no such creditors were to receive payment from the estate. IRMH, a Class 4 medical creditor, under section 733.707(1)(d), filed this appeal, challenging the trial court's method of apportioning the distribution of settlement proceeds....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2006 WL 2872664
...5th DCA 2004), the Fifth District held that a widow/personal representative had standing, as an interested person, to file a motion for appointment of a trustee of a residuary trust for which she was not a trustee but a contingent remainder beneficiary. Section 733.707(3), Florida Statutes, mandates payment of estate expenses by a revocable trust when the estate's funds are insufficient: Any portion of a trust with respect to which a decedent who is the grantor has at the decedent's death a right of...
...Even had the trust instrument been silent, the trust would have borne the responsibility of payment to the extent that the estate has no money to pay. Section
733.607(2), Florida Statutes, referenced in the statute above, states "the personal representative is entitled to payment from the trustee of a trust described in s.
733.707(3), in the amount the personal representative certifies in writing to be required to satisfy the insufficiency." The record reflects that written demand for payment was provided to the trustees....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...Clause SECOND is not a residuary clause because it disposes of the testator's entire distributable estate. In re Levy's Estate,
196 So.2d 225 (Fla.3d DCA 1967). The provision in Clause FIRST for the payment of debts and funeral expenses does not constitute a bequest because section
733.707, Florida Statutes (1979), requires that debts and funeral expenses be paid out of the estate....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...A judgment is commonly an order which will support a writ of execution, as for example, the levying on the assets of a judgment debtor. By its terms, the Florida Probate Code prohibits execution on estate assets except on order of the court in probate proceedings. Section
733.706, Florida Statutes (1977). Moreover, Section
733.707, Florida Statutes (1977), providing for the order of payment of expenses and obligations of estates, appears to contemplate attorneys' fees, in the probate context, as a special category of obligation....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2003 WL 118210
...ch they would have received if they were beneficiaries to the will and entitled to receive two-thirds of the net estate. Although the children seek to describe their claim as a creditor's claim that would take precedence over the elective share, see § 733.707, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 21 Fla. L. Weekly Supp. 436, 1996 Fla. LEXIS 1713, 1996 WL 559880
...on the following persons who are known to the personal representative: (1) the decedent's surviving spouse; and (2) all beneficiaries known to the personal representative who have not been barred by law; and (3) the trustee of any trust described in section 733.707(3), Florida Statutes....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1988 WL 121311
...Lorraine Tillman, as personal representative of the estate of Elmer Smith, challenges the trial court's determination that attorney's fees incurred by an estate beneficiary for legal services which benefitted the estate [1] are entitled to a Class 1 rather than Class 7 priority under section 733.707, Florida Statutes (1987)....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1999 WL 9799
...sion of the seventeenth judicial circuit, has continuing jurisdiction over the trust assets of the decedent. The trial court granted the motion to dismiss with prejudice for failure to state a cause of action against the Trust. Appellant argues that section
733.707(3), Florida Statutes (1995), provides a cause of action against the Trust for her claims against Ben Tobin's estate. Section
733.707(3) provides, Any portion of a trust with respect to which a decedent who is the grantor has at the decedent's death a right of revocation, as defined in paragraph (c), either alone or in conjunction with any other person, is liable for the expenses of the administration of the decedent's estate and enforceable claims of the decedent's creditors to the extent the decedent's estate is insufficient to pay them as provided in §
733.607(2). §
733.707(3), Fla. Stat. (emphasis added). As to counts I and II, the trial court correctly concluded that appellant does not have a direct action against the Trust for the tort claims asserted in the second amended complaint; section
733.707(3), Florida Statutes, does not create such a cause of action. Neither party has cited nor has this court found case law or precedent defining the term "enforceable claim" as provided in section
733.707, Florida Statutes....
...We affirm the trial court's dismissal with prejudice of appellant's complaint. However, our affirmance is without prejudice to appellant to maintain in a separate action her claim for an accounting and distribution under the Trust and to seek relief under section 733.707, Florida Statutes, for such "enforceable claims" as she may now have or acquire....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2000 WL 1133054
...Appellants raise several issues on appeal; however, we find that only one merits discussion. Appellants argue that South Port Square failed to obtain an enforceable claim against the estate of Mrs. Read, and thus, it failed to meet the condition precedent to obtaining relief from the Trust. We agree. Section
733.707(3), Florida Statutes (1997), provides: Any portion of a trust with respect to which a decedent who is the grantor has at the decedent's death a right of revocation, as defined in paragraph(e), either alone or in conjunction with any other person, is liable for the expenses of the administration of the decedent's estate and enforceable claims of the decedent's creditors to the extent the decedent's estate is insufficient to pay them as provided in s.
733.607(2). §
733.707(3), Fla....
...Mrs. Read paid to South Port Square was paid from the Trust and repaid to the Trust by South Port Square after Mrs. Read's death. If the contractual obligation was a debt of the Trust, South Port Square *395 would not be bound by the requirements of section 733.707(3) and could proceed directly against the Trust....
...rt Square to amend its complaint to assert other actions it might have against the Trust directly. Our holding is without prejudice to South Port Square to maintain an action against any present or future estate of Mrs. Read and to seek relief under section 733.707 for such enforceable claims as it may have or later obtain....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Therefore, the 1976 Code should receive a construction similar to that given the former code. When a petition to extend the time for objecting to a claim is properly denied by the probate court, the only judicial labor left to be performed is to determine the relative priority of creditors' claims pursuant to Section 733.707, Florida Statutes (1979)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1991 WL 35321
...owner insofar as his creditors are concerned. His creditors can reach the deposit while he is living, and can reach it as part of his estate on death." Id. (citing Scott on Trusts § 330.12). The appellees argue that they are "creditors" pursuant to section 733.707(2), Florida Statutes (1989), [1] and that therefore, they may reach the Totten trust funds. On the other hand, as the appellants correctly argue, pursuant to section 733.707(2), disbursements to creditors may be made only from estate assets....
CopyCited 2 times | Published | Supreme Court of Florida | 31 Fla. L. Weekly Supp. 501, 2006 Fla. LEXIS 1479, 2006 WL 1838565
beneficiaries may not have paid the funeral expenses. See §
733.707(1)(b), Fla. Stat. (2005) (setting forth order
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...It is clear that the estate has no assets other than the proceeds of the settlement. After obtaining the cost judgment against the estate, General Motors Corporation filed a motion in the probate division to have the judgment considered a Class 1 priority under Section 733.707, Florida Statutes (1979)....
...atisfy the cost judgment. No ruling was made on the petition of the personal representative to authorize distribution. The personal representative argues on appeal that GMC's cost judgment is not an obligation of the estate of Class 1 priority under Section 733.707, Florida Statutes (1979). [3] Instead, she maintains the cost judgment is no more than a general debt of the estate thus not entitled to first priority. Section 733.707, Florida Statutes (1979). provides in part: 733.707 Order of payment of expenses and obligations....
...rather it is an obligation created by the legal act of the personal representative in his effort to increase the assets of the estate. It is thus a cost or expense of administration. We construe the General Motors cost judgment to be a "cost" within Section 733.707(1)(a), thus entitled to Class 1 priority....
...The priority of payment was then contained within Section 733.20, Florida Statutes (1973). Although the wording of priority classes has been substantially revised, the wording of Class 1 contained within Section 733.20(1)(a), Florida Statutes (1973), is identical to that of Class 1 contained within Section 733.707(1)(a), Florida Statutes (1979).
CopyCited 1 times | Published | District Court, M.D. Florida | 48 A.F.T.R.2d (RIA) 6301, 1981 U.S. Dist. LEXIS 15033
...The general rule is that administration expenses may be deducted from the gross estate as are allowable by the laws of the jurisdiction under which the estate is being administered. 26 U.S.C. § 2053(a). Florida law authorizes the payment of administration expenses. Fla.Stat. § 733.707(1)(a)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22316841
...e to file her claim against the estate within the two-year period established by section
733.710, Florida Statutes (1993). Becklund,
786 So.2d at 661. Likewise, the Trust was protected from any liability it may have had under sections
733.607(2) and
733.707(3) because the Creditor did not hold an "enforceable and timely filed" claim in the Decedent's estate. [2] See Estate of Read v. A.D.K. Props.,
766 So.2d 393 (Fla. 2d DCA 2000) (construing a later version of section
733.707(3) that was substantially similar to the version of section
733.707(3) in effect on the date of the decedent's death); Tobin v....
...t represented and there is no personal representative of the estate to whom letters of administration have been issued so that the publication and notice requirements of s.
733.212 have not been discharged, then every trustee of a trust described in s.
733.707(3) shall cause a notice to creditors to be published and served....
...ble to a beneficiary or any other person for the failure. Liability, if any, for the failure in such case is on the trust. (3)(a) Notwithstanding any other provision of this chapter, 2 years after the death of a settlor, neither a trust described in s. 733.707(3) established by such settlor, the trustee of such trust, nor any beneficiary shall be liable for any claim or cause of action against the settlor which such creditor seeks to recover from the trust, except as provided in this subsection....
...NOTES [1] The record on appeal does not include a copy of the Trust. In the proceedings in the trial court and in the briefs filed in this court, the parties have proceeded on the assumption that the Trust is a revocable trust of the type described in section 733.707(3), Florida Statutes (1993)....
...[2] We express no opinion on whether Florida law in effect on the date of the Decedent's death would have permitted a creditor holding an "enforceable and timely filed" claim in a decedent's estate to maintain a direct action against that decedent's revocable trust for payment pursuant to section 733.707(3)....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...on on the following persons who are known to the personal representative and who were not previously served under section
733.2123, Florida Statutes: (1) the decedent's surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section
733.707(3), Florida Statutes and each qualified beneficiary of the trust as defined in section 737.303(4)(b)736.0103(14), if each trustee is also a personal representative of the estate; and (4) persons who may be entitled to exempt property in the manner provided for service of formal notice....
CopyCited 1 times | Published | Supreme Court of Florida | 1998 WL 190403
...ue individually, alleging that Teague breached her contract with the estate to waive her mother's rights. *1374 Teague again prevailed and was awarded attorney's fees. The trial court ruled that Teague's attorney's fees were a Class 8 priority under section 733.707, Florida Statutes (1995). The district court affirmed and certified the above question. The order in which the expenses of administration and obligations of an estate are paid is set out in section 733.707, Florida Statutes....
...733.612(22), but only to the extent of the assets of that business. (h) Class 8.All other claims, including those founded on judgments or decrees rendered against the decedent during his lifetime, and any excess over the sums allowed in paragraphs (b) and (d). § 733.707, Fla....
...The Tillman court stated that "[h]ad the legislature intended any attorney fee taxable against the estate to have a Class 1 priority, it would have been a simple matter to say so." Id. at 929. However, we conclude that the Tillman court focused too narrowly on the name of the claim and ignored its function. Certainly section 733.707(1) does not specifically exclude claims for attorney's fees awarded against the personal representative, as in this case, just because they are not specifically mentioned....
...be a factor in determining the priority of a claim. Further, Teague is correct in her contention that the word "claims" in subsection (h) does not embrace her attorney's fee award. Under the statute, Class 8 obligations include "all other claims. " § 733.707(1)(h), Fla....
...ersonal property in the possession of a personal representative" within the meaning of the Probate Code as the claim arose subsequent to the decedent's death). Finally, the plain language of the statute also classifies "costs" as a Class 1 priority. § 733.707(1)(a)....
...I respectfully dissent from the majority's conclusion that fees awarded against the personal representative for initiating and pursuing a futile claim should be accorded highest priority against the estate's assets. Such fees, in my opinion, are a Class 8, not Class *1376 1, priority under section 733.707, Florida Statutes (1995). [1] According to subsection 733.707(1)(a), Class 1 priorities embrace "[c]osts, expenses of administration, and compensation of personal representatives and their attorneys' fees." In other words, section 733.707 accords special priority to the payment of costs and expenses that facilitate administration of the estate. The reason for this is clear: Unless the estate is successfully administered, everyone losesi.e., no one gains fair or orderly access to the estate's assets. Fees for attorneys acting on behalf of the estate thus warrant favored status. See § 733.707(1)(a), Fla....
...unius est exclusio alterius ). The attorney fees at issue must fall within Class 7 [currently Class 8], not Class 1. Id. at 929 (citations omitted) (emphasis added). The estate in the present case points out that the legislature has twice revisited section 733.707 since Tillman was decided and has done nothing to alter the language of subsection (a). [3] Based on the foregoing, I would hold that an attorney's fee award against an estate's *1377 personal representative, such as Teague's award against Puckett, constitutes a Class 8not a Class 1priority under section 733.707, Florida Statutes (1995)....
...doesputs such fees ahead of the following essentials: funeral expenses and grave markers (Class 2), medical expenses for the last sixty days of the decedent's life (Class 4), family allowance (Class 5), and child support arrearages (Class 6). See § 733.707(1), Fla....
...733.612(22), but only to the extent of the assets of that business. (h) Class 8.All other claims, including those founded on judgments or decrees rendered against the decedent during his lifetime, and any excess over the sums allowed in paragraphs (b) and (d). § 733.707(1), Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...on the following persons who are known to the personal representative and who were not previously served under section
733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section
733.707(3), Florida Statutes and each beneficiary of the trust as defined in section 737.303(4)(b), if each trustee is also a personal representative of the estate; and (4) persons who may be entitled to exempt property in the manner provided for service of formal notice....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9980, 1993 WL 390258
...covery reduced by expenses of her late father’s estate, Mason v. Dept. of Health and Rehab. Serv.,
614 So.2d 1168 (Fla. 5th DCA1993); the payments of the claim of JMH from assets not administered in accordance with the applicable probate statutes, §
733.707, Fla.Stat....
CopyPublished | Supreme Court of Florida
...ne
Protected Homestead Status of Real Property.” Subdivision (a)
(Petition) is amended to provide that a petition may be filed
pursuant to rule 5.405 to determine the protected homestead
status of real property owned by a trust as described in section
733.707(3), Florida Statutes (2021), and new subdivision (b)(5) is
added to require that a petition filed pursuant to rule 5.405 state
“how the real property was owned at the time of the decedent’s
-3-
death.” See ch....
...PROCEEDINGS TO DETERMINE PROTECTED
HOMESTEAD STATUS OF REAL PROPERTY
(a) Petition. An interested person may file a petition to
determine the protected homestead status of real property owned by
the decedent or owned by the trustee of a trust described in section
733.707(3), Florida Statutes, of which the deceased settlor was
treated as the owner of the real property pursuant to section
732.4015, Florida Statutes.
(b) Contents....
...Stat. Descent of homestead.
- 17 -
§
732.4015, Fla. Stat. Devise of homestead.
§
733.607, Fla. Stat. Possession of estate.
§
733.608, Fla. Stat. General power of the personal
representative.
§
733.707(3), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 21507
expenses does not constitute a bequest because section
733.707, Florida Statutes (1979), requires that debts
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 868, 2013 WL 6223207, 2013 Fla. LEXIS 2608
...on the following persons who are known to the personal representative and who were not previously served under section 733.2128, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section
733.707(3), Florida Statutes and each qualified beneficiary of the trust as defined in section
736.0103(14X16), if each trustee is also a personal representative of the estate; and (4) persons who may be entitled to exempt property in the manner provided for service of formal notice....
CopyPublished | Florida 2nd District Court of Appeal
...hey spent
caring for Elizabeth. See Simpson v. Est. of Simpson,
922 So. 2d 1027,
3 The Grants further argue that the trial court failed to find that
they were in the class of creditors who statutorily received priority status
for payment. See §
733.707. Specifically, they argue that they were
"Class 4 Last Care Givers" under subsection
733.707(1)(d), which
provides for the payment of "[r]easonable and necessary medical and
hospital expenses of the last 60 days of the last illness of the decedent,
including compensation of persons attending the decedent." (Emphasis
added.) They also argue that any amount of their claims that exceeded
the limit of a Class 4 claim should be paid as a "Class 8" claim under
subsection
733.707(1)(h).
5
1029 (Fla....
CopyPublished | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 6168, 2002 WL 888801
...stricken. We therefore reverse the order of the probate court with directions to reinstate appellant’s Class 8 claim. REVERSED and REMANDED. WARNER and FARMER, JJ., concur. . Pursuant to the Probate Code, Class 8 claims are of the lowest priority. Section 733.707, Florida Statutes (1999), provides: (1) The personal representative shall pay the expenses of the administration and obligations of the estate in the following order: (a) Class 1....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 7370, 2004 WL 1159780
...payment for its unpaid fees. The Trustee seeks review of this order. In support of the guardianship court’s order, the Guardian argues that the Ward’s revocable trust is liable for the expenses and obligations of her estate pursuant to sections
733.707(3) and 737.3054(1), Florida Statutes (2002). Section
733.707(3) provides, in pertinent part: Any portion of a trust with respect to which a decedent who is the grantor has at the decedent’s death a right of revocation, as defined in paragraph (e), either alone or in conjunction with any other person, is liable for the expenses of the administration and obligations of the decedent’s estate to the extent the decedent’s estate is insufficient to pay them as provided in s.
733.607(2). Section
733.707(3) references section
733.607(2)....
...siduary devises, the assets of the decedent’s estate are insufficient to pay the expenses of the administration and obligations of the decedent’s estate, the personal representative is entitled to payment from the trustee of a trust described in s. 733.707(3), in the amount the personal representative certifies in *575 writing to be required to satisfy the insufficiency. Section 733.707(3) is in turn referenced by section 737.3054(1), which provides: A trustee of a trust described in s. 733.707(3) shall pay to the personal representative of a grantor’s estate any amounts that the personal representative certifies in writing to the trustee are required to pay the expenses of the administration and obligations of the grantor’s estate....
...hout a contribution from anyone. The interests of all beneficiaries of such a trust are subject to the provisions of this subsection; however, the payments must be made from assets or property or the proceeds thereof, other than assets proscribed in s. 733.707(3), which are included in the grantor’s gross estate for federal estate tax purposes....
...ion of a decedent’s estate. The statutory scheme does not grant the guardian of a deceased ward or a decedent’s creditors generally the right to reach the assets of a decedent’s revocable trust. Therefore, the Guardian’s reliance on sections 733.707(3) and 737.3054(1) in support of the order under review is unavailing....
...robate Code, effective January 1, 2002. Ch.2001-226, § 189, at 2028, Laws of Fla. Section 737.3061(1) provides: After the death of a grantor, no creditor of the grantor may bring, maintain, or continue any direct action against a trust described in s. 733.707(3), the trustee of the trust, or any beneficiary of the trust that is dependent on the individual liability of the grantor....
...Those claims and causes of action against the grantor shall be presented and enforced against the grantor’s estate as provided in part VII of chapter 733, and the personal representative of the grantor’s estate may obtain payment from the trustee of a trust described in s.
733.707(3) as provided in ss.
733.607(2),
733.707(3), and 737.3054(1)....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 423, 2002 Fla. LEXIS 873, 2002 WL 825699
...to the personal representative and who were not previously served under section
733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries whe-have not been barred by law; and (3) thea trustee of any trust described in section
733.707(3), Florida Statutes^-; and (4) persons who may be entitled to exempt property Service upon creditors shal-l-be in the manner -provided -for informal — notice, in the manner provided for service of formal notice....
CopyPublished | Florida 3rd District Court of Appeal
...to be an interested
person. In any proceeding affecting the expenses of the
administration and obligations of a decedent's estate, or any
claims described in [section]
733.702(1), the trustee of a trust
described in [section]
733.707(3) is an interested person in the
administration of the grantor's estate....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...on the following persons who are known to the personal representative and who were not previously served under section
733.2123, Florida Statutes: (1) the decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section
733.707(3), Florida Statutes; and (4)persons who may be entitled to exempt property in the manner provided for service of formal notice....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5652, 1994 WL 248094
...The trial court concluded that the appellees have valid claims against Edgar’s estate based on Edgar’s breach of the mutual wills. The trial court’s most significant holding was that the claims of the appellees were class 7 obligations under section 733.707, Florida Statutes (1991) 1 , and that Rachel’s intestate share as a pretermitted spouse is subject to those class 7 obligations....
...ter-mitted spouse. We recognize that our holding here conflicts with the rule applied in Johnson v. Girtman. Reversed and remanded with directions. RYDER, A.C.J., and ALTENBERND, J., concur. . Under the current statute the class is numbered Class 8. § 733.707, Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5209, 1994 WL 234339
...t the allegations were true. The issue of whether the shares of stock were part of the estate was not a matter to be decided by motion to dismiss. HERSEY, GLICKSTEIN and GUNTHER, JJ., concur. . Class 7 claims refers to those claims filed pursuant to section 733.707, Florida Statutes (1991), which provides: (1) The personal representative shall pay the expenses of the administration and obligations of the estate in the following order: .......
CopyPublished | Supreme Court of Florida
...es are initially paid by a deceased's next of kina spouse, adult child, parent, or sibling. Under Florida law, reimbursement for funeral expenses comes later from the victim's estate, whose beneficiaries may not have paid the funeral expenses. See § 733.707(1)(b), Fla....
CopyPublished | Supreme Court of Florida
...PROCEEDINGS TO DETERMINE PROTECTED
HOMESTEAD STATUS OF REAL PROPERTY
(a) Petition. An interested person may file a petition to
determine the protected homestead status of real property owned by
the decedent or owned by the trustee of a trust described in section
733.707(3), Florida Statutes, of which the deceased settlor was
treated as the owner of the real property pursuant tounder section
732.4015, Florida Statutes.
(b) Contents....
...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. Stat. General power of the personal
representative.
§
733.707(3), Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 10354, 2009 WL 2243701
...Section
768.21 further provides: (7) All awards for the decedent's estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims. The statutory scheme establishing the order of priority for payment of claims in probate is set forth in section
733.707. Section
733.707(1) provides as follows: The personal representative shall pay the expenses of the administration and obligations of the decedent's estate in the following order: (a) Class 1.Costs, expenses of administration, and compensation of per...
...s allowed in paragraphs (b) and (d). (2) After paying any preceding class, if the estate is insufficient to pay all of the next succeeding class, the creditors of the latter class shall be paid ratably in proportion to their respective claims. Under section 733.707, Tampa General's claim for medical expenses would be designated as a class 4 claim to be paid after class 1, 2, or 3 claims. See § 733.707(1)(a)(d)....
...Buswell and Patco Transport's action, Tampa General's class 4 claim for medical expenses improperly took precedence over class 1 claims for costs of administration and class 2 claims for funeral expenses, in contravention of the priorities established in section 733.707....
...We hold that once the expenses became a charge against the Estate pursuant to section
768.21(6)(b) of the Wrongful Death Act, the personal representative had the exclusive authority to resolve those claims in a reasonable and equitable manner and in accordance with section
733.707 of the probate code....
...ive of the estate pursuant to Florida's probate rules and statutes. No creditor of an estate is entitled to enter into a sweetheart deal with any entity owing money to the estate that would circumvent the statutory priority of creditors set forth in section 733.707(1)(a)....
CopyPublished | Florida 4th District Court of Appeal | 2012 WL 385486, 2012 Fla. App. LEXIS 1768
...eneficiaries of the estate. §
734.102(6), Fla. Stat. (2010). Here, expenditures made by Lehman from the ancillary estate to fund the Panama litigation prevented the ancillary estate from paying Class 1, Class 3, and Class 8 payment obligations. See §
733.707, Fla....
CopyPublished | Supreme Court of Florida
...The personal representative must promptly
serve the notice of administration on the following persons who are
known to the personal representative and who were not previously
served under section
733.2123, Florida Statutes:
(1)-(2) [No Change]
(3) a trustee of any trust described in section
733.707(3),
Florida Statutes, and each qualified beneficiary of the trust as
defined in section
736.0103(16), Florida Statutes, if each trustee is
also a personal representative of the estate; and
(4) [No Change]
in the manner provided for service of formal notice....
CopyPublished | Florida 5th District Court of Appeal
...Reed v. Long,
111 So. 3d 237, 238 (Fla. 4th DCA 2013))).
The court’s findings show that if Brush had not breached her
fiduciary duty by misallocating estate funds, Coppelli would have
recovered from the estate—but not for $34,834.75. See §
733.707,
Fla....
...because that amount put the plaintiff “in the position as if
[defendant] had not breached its fiduciary duty”). On remand, the
court shall award Coppelli only the amount that she would have
recovered from the estate if Brush had not breached her fiduciary
duty. See §§
733.609(1),
733.707, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2013 WL 6246204, 2013 Fla. App. LEXIS 19298
...In light of the *868 extensive litigation that has undoubtedly created a larger than expected quantity of class 1 expenses, 1 the probate court will need to consider the order in which assets abate under section
733.805, Florida Statutes (2007), as well as the order of the payment of expenses and obligations under section
733.707, Florida Statutes (2007), when determining the payment of claims and approving any distributions....
...the trial in the probate court. Although this account appears to be the only liquid asset of this estate and may well ultimately prove to be the source of payment, the funeral bill is *869 partially a class 2 claim and partially a class 8 claim. See § 733.707....
...In light of the limited size of the estate and the uncertainty of class 1 claims, we reverse this specific instruction in the order. On remand, the probate court will need to comply with the order in which assets abate under section
733.805 as well as the order of the payment of expenses and obligations under section
733.707 when ordering the payment of claims prior to the distribution of estate property. Affirmed in part, reversed in part, and remanded. DAVIS, C.J., and SLEET, J., Concur. . See §
733.707, Fla....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 703, 2015 Fla. LEXIS 2810, 2015 WL 9264021
...the notice of administration on the following persons who are known to the
personal representative and who were not previously served under section
733.2123, Florida Statutes:
(1) – (2) [No Change]
(3) a trustee of any trust described in section
733.707(3), Florida
Statutes, and each qualified beneficiary of the trust as defined in section
736.0103(16), Florida Statutes, if each trustee is also a personal representative of
the estate; and
(4) [No Change]
in the manner provided for service of formal notice....
CopyPublished | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 12882, 1996 WL 713996
...y of a final judgment awarding attorney’s fees and costs. The trial court entered an order finding that the costs should be treated as a Class 1 claim and that the attorney’s fees should be treated as a Class 8 claim. This appeal ensued. THE LAW Section 733.707, Florida Statutes (1995) states: Order of payment of expenses and obligations.— (1) The personal representative shall pay the expenses of the administration and obligations of the estate in the following order: (a) Class 1....
...733.612(22), but only to the extent of the assets of that business. (h) Class 8. — All other claims, including those founded on judgments or decrees rendered against the decedent during his lifetime, and any excess over the sums allowed in paragraphs (b) and (d). § 733.707(1), Fla....
...(1995) (emphasis added). Teague argues that the attorney’s fees awarded to her under section
768.79, Florida Statutes (1995) are a Class 1 claim rather *295 than a Class 8 expense because the award to Teague is not a “claim” as provided under section
733.707....
...s death). We believe, as this court must have found in Tillman v. Smith,
533 So.2d 928 (Fla. 5th DCA 1988), that the definition of “claim” contained in subsection
731.201(4) is not applicable to the reference to “claims” found in paragraph
733.707(l)(h). In Tillman , we reversed a trial court’s determination that attorney’s fees taxable against the estate were Class 1 fees under section
733.707, Florida Statutes (1987) as costs and expenses of administration....
...opinion was decided. 4 The court must have known about its language, and nevertheless, determined that attorney’s fees other than those of the personal representative are to be classified as Class 8 obligations. Furthermore, the legislature amended section 733.707 in 1993 and again in 1995 without changing the language of paragraph 733.707(l)(a)....
...n. See Puckett v. Teague,
620 So.2d 776 (Fla. 5th DCA 1993). . Apparently, Teague made an offer of judgment which Puckett rejected, and thus, Teague was due attorney's fees and costs after she prevailed in the litigation. . The language in paragraph
733.707(l)(h) regarding "Class 8” expenses was previously located under "Class 7.” See §
733.707(1), Fla. Stat. (1993). . Subsection
731.201(4) took effect January 1, 1976. See §
731.201(4), Fla. Stat. (1976). . Teague also asserts that the attorney's fees awarded to her are “cost[s] or expense[s] of administration” under paragraph
733.707(l)(a) because they are an obligation created by the legal act of the personal representative in an effort to increase the estate's assets....
CopyPublished | Florida 4th District Court of Appeal | 1980 Fla. App. LEXIS 17821
...his attorney’s fee. In re Estate of McCune,
223 So.2d 787 (Fla. 4th DCA 1969), and In re Estate of DuVal,
174 So.2d 580 (Fla.2d DCA 1965). Appellant also asserts error in the trial court’s determination as to the priorities of claims pursuant to Section
733.707, Florida Statutes (1979)....
CopyPublished | Florida 3rd District Court of Appeal
...Divorce
Judgment and later domesticated in Florida. The Plaintiffs are
entitled to specific performance of the [Settlement Agreement];
the Plaintiffs are each entitled to 12.5% of Eugene’s net Estate.
Pursuant to Fla. Stat. § 733.707, the assets Eugene transferred
to the Trust (listed on Schedule 2.2) are also subject to the
Plaintiffs’ claims against the Estate....
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 11727, 2004 WL 1779074
...pending, but asserting that the estate would have no assets to pay any judgment claimant might obtain in the future. Following a hearing the court granted the petition, finding that if claimant obtained a judgment, it would be a class 8 claim under section 733.707, Florida Statutes, and that, after paying expenses having a higher priority, the estate would have no funds remaining....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3775, 1991 WL 63765
...a compromise. All claimants involved in this litigation are class-seven claimants and, therefore, all are entitled to be paid ratably in proportion to their respective claims if there are insufficient assets to pay all unsecured claims in full. See § 733.707(2), Fla.Stat....
CopyPublished | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 4666, 2011 WL 1195873
...administration, and devises to the extent the funds or property is sufficient." If no provision is made or the designated fund or property is insufficient, the statute sets forth a priority scheme on how devises abate. §
733.805, Fla. Stat. (2007). Section
733.707(1) provides that "[t]he personal representative shall pay the expenses of the administration and obligations of the decedent's estate in the following order...." The statute then identifies the eight classes of expenses and obligations and the order in which each is paid....
...ly to extent of the assets of that business. (h) Class 8All other claims, including those founded on judgments or decrees rendered against the decedent during the decedent's lifetime, and any excess over the sums allowed in paragraphs (b) and (d). § 733.707(1), Fla....
