CopyCited 7 times | Published | Supreme Court of Florida | 1988 WL 65002
...The Commission cannot accept this explanation and finds that the failure properly to administer, account for, distribute, and close out the files in all three matters is in contravention of numerous provisions of the Florida Probate Code including, but not limited to, Section 733.816, Florida Statutes (1985), and in violation of the Code of Judicial Conduct....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 666, 2005 Fla. LEXIS 1917, 2005 WL 2385258
...Notice to creditors; filing of claims. §
733.701, Fla. Stat. Notifying creditors. §
733.702, Fla. Stat. Limitations on presentation of claims. §
733.705, Fla. Stat. Payment of and objection to claims. §
733.710, Fla. Stat. Limitations on claims against estates. §
733.816, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...733.508 Accounting upon removal. F.S.
733.604 Inventory. F.S.
733.701 Notifying creditors. F.S.
733.702 Limitations on presentation of claims. F.S.
733.705 Payment of and objection to claims. F.S.
733.710 Limitations against unad-ministered estates. F.S.
733.816 Disposition of unclaimed property held by personal representatives....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...733.508 Accounting upon removal. F.S.
733.604 Inventory. F.S.
733.701 Notifying creditors. F.S.
733.702 Limitations on presentation of claims. F.S.
733.705 Payment of and objection to claims. F.S.
733.710 Limitations against unad-ministered estates. F.S.
733.816 Disposition of unclaimed property held by personal representatives....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2246, 1987 Fla. App. LEXIS 10240
registry of the court and disposed of pursuant to section
733.816, Florida Statutes (1985). Southeast deposited
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 4671, 2006 WL 824566
...Moshe Faskowitz appeals that portion of a probate order determining heirs and directing that one-half of the property of the Estate of Irving Faskowitz, a/k/a Irving Fisk, was to be deposited with the clerk of court. The order indicated that the ruling was pursuant to section 733.816, Florida Statutes (1999), which governs the disposition of unclaimed property held by personal representatives....
...kindred of the Deceased exist.” The probate court directed that one-half of the property of the estate be distributed to Mr. Faskowitz and his sisters. The remaining one-half of the property was to be held by the clerk of court in accordance with section 733.816 for the unknown maternal kindred....
...The personal representative was directed by the probate court to take all necessary steps to close the estate expeditiously. Mr. Faskowitz contests only the portion of the order directing that one-half of the property of the estate be held by the clerk in accordance with section 733.816....
...state. The State does not have a right to half of an intestate estate when there are lawful heirs under section
732.103. The two specific provisions of the Florida Probate Code governing the es- *393 cheat of estate property — sections
732.107 and
733.816 — do not in any way displace the rule of descent set forth in section
732.103(4)(c)....
...section
732.103(4)(e). Accordingly, the predicate for the operation of
732.107(1)— that “a person leaving an estate [has] die[d] without being survived by any person entitled to it” — does not exist in this case. Similarly, the provisions of section
733.816 concerning the disposition of unclaimed property held by personal representatives do not defeat the rights the paternal kindred here have under section
732.103(4)(c). Section
733.816(1) addresses circumstances where “unclaimed property in the hands of a personal representative ......
...testate succession. Since there is no basis for escheat of property where lawful heirs have established their status under section
732.103, we hold that the trial court erred in determining that one-half of the estate is subject to the provisions of section
733.816. We reverse the portion of the trial court’s order providing for disposition in accordance with section
733.816....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...§
733.604,-Fla. Stat. Inventory. §
733.701, Fla. Stat. Notifying creditors. §
733.702, Fla. Stat. Limitations on presentation of claims. §
733.705, Fla. Stat. Payment of and objection to claims. §
733.710, Fla. Stat. Limitations on claims against estates. §
733.816, Fla....
...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. Stat. Determination of beneficiaries. §
733.816, Fla....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 395, 1988 Fla. LEXIS 720
...The Commission cannot accept this explanation and finds that the failure properly to administer, account for, distribute, and close out the files in all three matters is in contravention of numerous provisions of the Florida Probate Code including, but not limited to, Section 733.816, Florida Statutes (1985), and in violation of the Code of Judicial Conduct....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Notice to creditors; filing of claims. §
733.701, Fla. Stat. Notifying creditors. §
733.702, Fla. Stat. Limitations on presentation of claims. §
733.705, Fla. Stat. Payment of and objection to claims. §
733.710, Fla. Stat. Limitations on claims against estates. *586 §
733.816, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 1980 Fla. App. LEXIS 16990
...On these findings, the court ordered that one half of the residue of the estate after payment of all reasonable costs and expenses be paid to Mr. Smith and that the remaining one half of the estate be paid to the clerk of the circuit court and disposed of pursuant to the terms of Section 733.816, Florida Statutes (1977)....
...Hence, as the sole heir at law he is entitled to receive those funds under Section
732.103(1), Florida Statutes (1977). We cannot accept this argument. An ineffective disposition under Section
732.101 is one which is legally ineffective rather than one where a specified beneficiary under the will cannot be found. Moreover, Section
733.816 clearly contemplates the inability to locate the beneficiary....
...However, the statute is clear and it is up to the legislature to provide for an alternative disposition of the funds. AFFIRMED. HOBSON, Acting C.J., and GRIMES, J., concur. OTT, J., concurs specially with opinion. OTT, Judge, Specially concurring. I am forced to concede that the literal thrust of Section 733.816, Florida Statutes, gives the state the right to confiscate that portion of a decedent's estate left to a beneficiary who cannot be located....
...to substantive rights while undertaking to codify and consolidate existing law. Changes in the law which affect substantive rights should be deliberately undertaken, individually considered, openly publicized and clearly expressed. The theory behind Section 733.816 seems to be that in the absence of contrary proof it must be presumed that legatees named in a will survived the decedent; that consequently the bequest vested and, if neither the legatees nor their heirs come forward within ten years, escheat of their estates *490 can properly be ordered....
...Quite frankly I would have "legislated" a new form of "lapse" in this case had I been able to persuade a majority of the court. I recognize that careful will drafting can prevent such consequences, but that, in my opinion, does not justify enhancing and facilitating the confiscatory right of government. NOTES [1] 733.816 Disposition of unclaimed funds held by personal representatives....
CopyPublished | Florida 1st District Court of Appeal
...2 Choice
Plus also petitioned the probate court to reopen the estate for
administration and to declare the ten claimants were entitled to
the funds deposited with the State. The Department was not a
party to the probate proceedings; however, Choice Plus did notice
the Attorney General’s Office as required by section 733.816(3),
Florida Statutes, which did not file any objections.
In two 2013 orders, the probate court reopened the estate;
determined that the ten claimants were indeed beneficiaries of
Mrs....
...e
Department. Section
717.124(8) provides,
This section applies to all unclaimed property reported
and remitted to the Chief Financial Officer, including, but
not limited to, property reported pursuant to ss. 43.19,
45.032,
732.107,
733.816, and
744.534.
(Emphasis added.)
The plain statutory language is clear that only section
717.124
applies to section
732.107 funds....
