Florida Statute 744.387 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

View Entire Chapter

F.S. 744.387

744.387 Settlement of claims.—

(1) When a settlement of any claim by or against the guardian, whether arising as a result of personal injury or otherwise, and whether arising before or after appointment of a guardian, is proposed, but before an action to enforce it is begun, on petition by the guardian of the property stating the facts of the claim, question, or dispute and the proposed settlement, and on any evidence that is introduced, the court may enter an order authorizing the settlement if satisfied that the settlement will be for the best interest of the ward. The order shall relieve the guardian from any further responsibility in connection with the claim or dispute when the settlement has been made in accordance with the order. The order authorizing the settlement may also determine whether an additional bond is required and, if so, shall fix the amount of it.

(2) In the same manner as provided in subsection (1) or as authorized by s. 744.301, the natural guardians or guardian of a minor may settle any claim by or on behalf of a minor that does not exceed $15,000 without bond. A legal guardianship shall be required when the amount of the net settlement to the ward exceeds $15,000.

(3)(a) No settlement after an action has been commenced by or on behalf of a ward shall be effective unless approved by the court having jurisdiction of the action.

(b) In the event of settlement or judgment in favor of the ward or minor, the court may authorize the natural guardians or guardian, or a guardian of the property appointed by a court of competent jurisdiction, to collect the amount of the settlement or judgment and to execute a release or satisfaction. When the amount of net settlement to the ward or judgment exceeds $15,000 and no guardian has been appointed, the court shall require the appointment of a guardian for the property.

(4) In making a settlement under court order as provided in this section, the guardian is authorized to execute any instrument that may be necessary to effect the settlement. When executed, the instrument shall be a complete release of the person making the settlement.

History.—s. 1, ch. 74-106; ss. 14, 26, ch. 75-222; s. 3, ch. 78-342; s. 10, ch. 79-221; s. 63, ch. 89-96; s. 48, ch. 90-271; s. 10, ch. 2002-195.

Note.—Created from former s. 744.60.

F.S. 744.387 on Google Scholar

F.S. 744.387 on Casetext

Amendments to 744.387

Arrestable Offenses / Crimes under Fla. Stat. 744.387

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.387.

Annotations, Discussions, Cases:

Cases Citing Statute 744.387

Total Results: 20

In Re: Amendments to the Florida Probate Rules - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-16

Snippet: 744.3085, Fla. Stat. Guardian advocates. § 744.387, Fla. Stat. Settlement of claims. § 744.391

Gogoleva v. Soffer

Court: District Court of Appeal of Florida | Date Filed: 2016-02-17

Citation: 187 So. 3d 268, 2016 Fla. App. LEXIS 2230, 2016 WL 626131

Snippet: accident. 8 . See § 744.387, Fla. Stat,.(2013,). 9 . NAE, though

Bookman v. Davidson

Court: District Court of Appeal of Florida | Date Filed: 2014-05-05

Citation: 136 So. 3d 1276, 2014 WL 1772707, 2014 Fla. App. LEXIS 6472

Snippet: case before it, the clear language of section 744.387(3)(a), Florida Statutes (1977), mandated that “the

Romano v. Olshen

Court: District Court of Appeal of Florida | Date Filed: 2014-03-12

Citation: 153 So. 3d 912, 2014 WL 940700

Snippet: prenuptial agreement in accordance with section 744.387, Florida Statutes (2012). The Attempts to Access

McLaughlin v. Lara

Court: District Court of Appeal of Florida | Date Filed: 2013-12-27

Citation: 133 So. 3d 1004, 2013 WL 6925433

Snippet: behalf of the minor is legally effective. See § 744.387, Fla. Stat. (2010). Dr. McLaughlin simply is not

Guardianship of J.S.J. v. Pena

Court: District Court of Appeal of Florida | Date Filed: 2013-04-05

Citation: 109 So. 3d 1281, 2013 WL 1348300, 2013 Fla. App. LEXIS 5594

Snippet: 744.444(8), Fla. Stat. (2011). Likewise, section 744.387(2), Florida Statutes, only permits the natural

Kirton v. Fields

Court: Supreme Court of Florida | Date Filed: 2008-12-11

Citation: 997 So. 2d 349, 2008 WL 5170603

Snippet: releases of a minor's claims. See §§ 744.301, 744.387, Fla. Stat. (2003). The Legislature has not subsequently

In Re Amend. to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2008-07-10

Citation: 986 So. 2d 576, 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339

Snippet: *589 § 744.3085, Fla. Stat. Guardian advocates. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2007-02-01

Citation: 948 So. 2d 735, 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753

Snippet: guardians. § 744,3025, Fla. Stat. Claims of minors. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla

Falco v. Bridgestone/Firestone North America Tire, LLC

Court: District Court of Appeal of Florida | Date Filed: 2006-07-31

Citation: 935 So. 2d 53, 2006 Fla. App. LEXIS 12826, 2006 WL 2095724

Snippet: approve the settlement recommended by him.” § 744.387(1), Fla. Stat. (2005). The trial court’s analysis

Global Travel Marketing, Inc. v. Shea

Court: Supreme Court of Florida | Date Filed: 2005-07-07

Citation: 908 So. 2d 392, 30 Fla. L. Weekly Supp. 511, 2005 Fla. LEXIS 1454, 2005 WL 1576244

Snippet: requires establishment of a legal guardianship. See § 744.387(2), Fla. Stat. (2004). If a legal guardian and

Berges v. Infinity Ins. Co.

Court: Supreme Court of Florida | Date Filed: 2004-11-18

Citation: 896 So. 2d 665, 29 Fla. L. Weekly Supp. 679, 2004 Fla. LEXIS 2099, 2004 WL 2609255

Snippet: settle any minor's claim in excess of $5000, see § 744.387(2), Fla. Stat. (Supp. 1990), guardianship law does

Shea v. Global Travel Marketing, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-08-27

Citation: 870 So. 2d 20, 2003 WL 22014590

Snippet: $15,000 without the court's prior approval. §§ 744.387(2) and 744.301(1), Fla. Stat. (2001). Additionally

Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2003-06-19

Citation: 848 So. 2d 1069, 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500

Snippet: Compromise. § 744.301, Fla. Stat. Natural guardians. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla

Wilson v. Griffiths

Court: District Court of Appeal of Florida | Date Filed: 2002-02-15

Citation: 811 So. 2d 709, 2002 Fla. App. LEXIS 1675, 2002 WL 225920

Snippet: settle the claim. § 744.387(2), Fla. Stat. (1999).2 Pursuant to section 744.387(1), Florida Statutes

Infinity Ins. Co. v. Berges

Court: District Court of Appeal of Florida | Date Filed: 2001-08-01

Citation: 806 So. 2d 504, 2001 WL 898533

Snippet: settlement is less than $5,000.[4] However, section 744.387(2), Florida Statutes (1990), specifically requires

Hernandez v. United Contractors Corp.

Court: District Court of Appeal of Florida | Date Filed: 2000-09-27

Citation: 766 So. 2d 1249, 2000 Fla. App. LEXIS 12365, 2000 WL 1395867

Snippet: children's best interest. According to section 744.387(1), Florida Statutes (1995): (1) When a settlement

MENDEZ EX REL. MENDEZ v. Simon

Court: District Court of Appeal of Florida | Date Filed: 1999-02-24

Citation: 739 So. 2d 101, 1999 WL 89674

Snippet: a minor at the time of the settlement. Section 744.387(3)(a) states that no settlement after an action

Bodek v. Gulliver Academy, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1997-12-10

Citation: 702 So. 2d 1331, 1997 WL 757457

Snippet: be settled upon approval by the trial court. § 744.387(3)(a), Fla. Stat. We reject this argument, as the

Naghtin v. Jones by and Through Jones

Court: District Court of Appeal of Florida | Date Filed: 1996-09-04

Citation: 680 So. 2d 573, 1996 WL 496169

Snippet: disbursement of the $800,000 pursuant to section 744.387, Florida Statutes (1993). On January 20, 1994,