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Florida Statute 739.402 | Lawyer Caselaw & Research
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F.S. 739.402 Case Law from Google Scholar Google Search for Amendments to 739.402

The 2024 Florida Statutes

Title XLII
ESTATES AND TRUSTS
Chapter 739
FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT
View Entire Chapter
F.S. 739.402
739.402 When disclaimer is barred or limited.—
(1) A disclaimer is barred by a written waiver of the right to disclaim.
(2) A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective:
(a) The disclaimant accepts the interest sought to be disclaimed;
(b) The disclaimant voluntarily assigns, conveys, encumbers, pledges, or transfers the interest sought to be disclaimed or contracts to do so;
(c) The interest sought to be disclaimed is sold pursuant to a judicial sale; or
(d) The disclaimant is insolvent when the disclaimer becomes irrevocable.
(3) A disclaimer, in whole or in part, of the future exercise of a power held in a fiduciary capacity is not barred by its previous exercise.
(4) A disclaimer, in whole or in part, of the future exercise of a power not held in a fiduciary capacity is not barred by its previous exercise unless the power is exercisable in favor of the disclaimant.
(5) A disclaimer of an interest in, or a power over, property which is barred by this section is ineffective.
History.—s. 1, ch. 2005-108; s. 17, ch. 2009-115.

F.S. 739.402 on Google Scholar

F.S. 739.402 on Casetext

Amendments to 739.402


Arrestable Offenses / Crimes under Fla. Stat. 739.402
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 739.402.

Annotations, Discussions, Cases:

Cases Citing Statute 739.402

Total Results: 2

LAURITSEN v. Wallace

Court: District Court of Appeal of Florida | Date Filed: 2011-04-01

Citation: 67 So. 3d 285, 2011 Fla. App. LEXIS 4666, 2011 WL 1195873

Snippet: writing subject to other prohibitions. §§ 726.105, 739.402, Fla. Stat. (2007); see also In Re Smith's Estate

Garcia v. Morrow

Court: District Court of Appeal of Florida | Date Filed: 2007-04-04

Citation: 954 So. 2d 656, 2007 WL 983053

Snippet: 443). Reversed and remanded. NOTES [1] Section 739.402, Florida Statutes (2006) provides in part: (2)