CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2008 WL 2065802
...The motion also claimed that Ms. Hall and Debra Sue Tungett (who is not a party to this appeal) improperly took possession of certain tangible personal property of the Estate and that they possessed information regarding Estate assets, interests, and liabilities. Pursuant to section 733.812, Florida Statutes (2006), the PR requested *1291 that the probate court enter an order directing Ms....
...The statute defines a "distributee" as "a person who has received estate property from a personal representative or other fiduciary other than as a creditor or purchaser." §
731.201(10). A distributee who improperly receives assets or funds from an estate may be compelled to return the assets or funds received. §
733.812....
...stock. The court stated that the defendants had no claim in the estate and that they did not fit within the definition of an interested person, a distributee, or a claimant. Id. at 511-12. The court concluded as follows: Nor is there any basis under section 733.812, Florida Statutes (1991), to find that defendants were "distributees" of property of the estate who could be reached by this rather summary method....
CopyCited 1 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 505, 2007 Fla. LEXIS 1234, 2007 WL 2002458
...General definitions. §
731.302, Fla. Stat. Waiver and consent by interested person. §
733.809, Fla. Stat. Right of retainer. §
733.810, Fla. Stat. Distribution in kind; valuation. §
733.811, Fla. Stat. Distribution; right or title of distributee. §
733.812, Fla....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...General definitions. §
731.302, Fla. Stat. Waiver and consent by interested person. §
733.809, Fla. Stat. Right of retainer. §
733.810, Fla. Stat. Distribution in kind; valuation. §
733.811, Fla. Stat. Distribution; right or title of distributee. §
733.812, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...Citation form changes in committee notes. Statutory References F.S.
731.302 Waiver and consent by interested person. F.S.
733.809 Right of retainer. F.S.
733.810 Distribution in kind; valuation. F.S.
733.811 Distribution; right or title of distributee. F.S.
733.812 Improper distribution; liability of distributee....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...Citation form changes in committee notes. Statutory References F.S.
731.302 Waiver and consent by interested persons. F.S.
733.809 Right of retainer. F.S.
733.810 Distribution in kind;' valuation. F.S.
733.811 Distribution; right or title of distributee. F.S.
733.812 Improper distribution; liability of distributee....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...tion or compensation in rule 5.401. Statutory References F.S.
731.302 Waiver and consent by interested persons. F.S.
733.809 Right of retainer. F.S.
733.810 Distribution in kind; valuation. F.S.
733.811 Distribution; right or title of distributee. F.S.
733.812 Improper distribution; liability of distributee....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 10998, 1992 WL 296051
...sted persons”, “distributees”, or “claimants”. Hence, in whatever forum they were sued, they had a right to the traditional form of service of process prescribed by section
48.031, Florida Statutes (1991). *512 Nor is there any basis under section
733.812, Florida Statutes (1991), to find that defendants were “distributees” of property of the estate who could be reached by this rather summary method....
...The administrator’s suit has as its essential purpose to establish that stock in Weitz-man’s name was in reality Harold Vernon’s and therefore should have been marshaled into the probate estate, rather than being liquidated by Weitzman outside the estate. To use section 733.812 is to assume the very fact sought to be litigated as the jurisdictional base for the probate court....
CopyPublished | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 17713, 2015 WL 7444212
...In effect, of course, the order requires the repayment of the specified amount of money, distinguishing it from an order to return non-fungible tangible property to the estate. 2 An order to return funds to the *1078 estate is very clearly proper. § 733.812, Fla....
...to return to the estate the amount of money improperly disbursed from the credit union accounts. Hall v. Tungett,
980 So.2d 1289, 1292 (Fla. 2d DCA 2008) (upholding order compelling recipient of assets or funds from an estate to return them, citing section
733.812, Florida Statutes); Brake v....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...General definitions. §
731.302, Fla. Stat. Waiver and consent by interested person. §
733.809, Fla. Stat. Right of retainer. §
733.810, Fla. Stat. Distribution in kind; valuation. §
733.811, Fla. Stat. Distribution; right or title of distributee. §
733.812, Fla....
CopyPublished | District Court of Appeal of Florida | 1994 Fla. App. LEXIS 5209, 1994 WL 234339
...d by the decedent to appel-lee. 2 Subsequently the estate became insolvent. In February, 1990, the appellant/administrator ad litem was appointed to remarshal the estate assets. His amended petition, filed in July, 1992, against appellee pursuant to section 733.812, Florida Statutes (1991), 3 sought the return of $194,098.50, the sale price of the additional shares, for ratable distribution to all Class 7 creditors, which sum he asserts was improperly distributed by the personal representatives to appellee. Appellee’s motion to dismiss asserted that the funds did not have to be returned to the estate because (1) section 733.812 provides that if the limitations period has expired, 4 then the section is inapplicable, and (2) the petition failed to state a cause of action under section 733.812 since there was no “payment” by the personal representative to appellee and thus no property improperly “received” from the estate which it could be held “liable to return.” Regarding the limitations issue, we believe Clifton v....
...rs at this time, we realize the total private sale of one million shares at fifty cents per share would result in a sale price of $500,000; and the two loans subject to the two secured claims totaled, as we have pointed out, $450,000 in principal. . Section 733.812, Florida Statutes (1991), provides; Improper distribution; liability of distribu-tee....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24114
plus income and gain, under the authority of section
733.812, Florida Statutes (1981). If, because of the
CopyPublished | District Court of Appeal of Florida | 1993 WL 46140
alleged, either a claimant or distributee under section
733.812, Florida Statutes. *1189STONE and FARMER, JJ
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...General definitions. §
731.302, Fla. Stat. Waiver and consent by interested person. §
733.809, Fla. Stat. Right of retainer. §
733.810, Fla. Stat. Distribution in kind; valuation. §
733.811, Fla. Stat. Distribution; right or title of distributee. §
733.812, Fla....
