Florida Statute 744.387 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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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: Fla. | Date Filed: 2020-01-15T23:53:00-08:00

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

Gogoleva v. Soffer

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-17T00:00:00-08:00

Citation: 187 So. 3d 268

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

Bookman v. Davidson

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-05T00:00:00-07:00

Citation: 136 So. 3d 1276

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

Romano v. Olshen

Court: Fla. Dist. Ct. App. | Date Filed: 2014-03-12T00:00:00-07:00

Citation: 153 So. 3d 912

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

McLaughlin v. Lara

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-27T00:00:00-08:00

Citation: 133 So. 3d 1004

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: Fla. Dist. Ct. App. | Date Filed: 2013-04-05T00:00:00-07:00

Citation: 109 So. 3d 1281

Snippet: 744.444(8), Fla. Stat. (2011). Likewise, section 744.387(2), Florida Statutes, only permits the natural …the court having jurisdiction of the action. § 744.387(3)(a), Fla. Stat. (2011). In Yount v. Varnes, 691

Kirton v. Fields

Court: Fla. | Date Filed: 2008-12-10T23:53:00-08:00

Citation: 997 So. 2d 349

Snippet: releases of a minor's claims. See §§ 744.301, 744.387, Fla. Stat. (2003). The Legislature has not subsequently…circumstances pursuant to sections *364 744.301 and 744.387, Florida Statutes (2004). The Legislature has chosen

In Re Amend. to Florida Probate Rules

Court: Fla. | Date Filed: 2008-07-10T00:53:00-07:00

Citation: 986 So. 2d 576

Snippet: 589 § 744.3085, Fla. Stat. Guardian advocates. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla…plan. § 744.3678, Fla. Stat. Annual accounting. § 744.387, Fla. Stat. Settlement of claims. § 744.441, Fla

In re Amendments to the Florida Probate Rules

Court: Fla. | Date Filed: 2007-02-01T00:00:00-08:00

Citation: 948 So. 2d 735

Snippet: guardians. § 744,3025, Fla. Stat. Claims of minors. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla…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: Fla. Dist. Ct. App. | Date Filed: 2006-07-31T00:00:00-07:00

Citation: 935 So. 2d 53

Snippet: approve the settlement recommended by him.” § 744.387(1), Fla. Stat. (2005). The trial court’s analysis… the minor child’s best interest under section 744.387(1), Florida Statutes; thus, Petitioner has not …approve minor’s settlement pursuant to section 744.387(1), Florida Statutes, was based on the excessive

Global Travel Marketing, Inc. v. Shea

Court: Fla. | Date Filed: 2005-07-07T00:00:00-07:00

Citation: 908 So. 2d 392

Snippet: requires establishment of a legal guardianship. See § 744.387(2), Fla. Stat. (2004). If a legal guardian and …settlement is in the minor's best interest. See § 744.387(1), Fla. Stat. (2004). Settlement of a pending …pending claim also requires court approval. See § 744.387(3)(a), Fla. Stat. (2004). There is no comparable statutory…jurisdictions and on a state law, similar to section 744.387, Florida Statutes, that required court approval…circumstances pursuant to sections 744.301 and 744.387, Florida Statutes (2004). The Legislature has chosen

Berges v. Infinity Ins. Co.

Court: Fla. | Date Filed: 2004-11-18T00:00:00-08:00

Citation: 896 So. 2d 665

Snippet: any minor's claim in excess of $5000, see § 744.387(2), Fla. Stat. (Supp. 1990), guardianship law does…approval before negotiating a settlement.3 Section 744.387(1), Florida Statutes (Supp. 1990), provides: When…approval of any claim in excess of $15,000. See § 744.387(2), Fla. Stat. (2002). 4 Section 733.601 provides

Shea v. Global Travel Marketing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-27T00:53:00-07:00

Citation: 870 So. 2d 20

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: Fla. | Date Filed: 2003-06-19T00:00:00-07:00

Citation: 848 So. 2d 1069

Snippet: Compromise. § 744.301, Fla. Stat. Natural guardians. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla…plan. § 744.3678, Fla. Stat. Annual accounting. § 744.387, Fla. Stat. Settlement of claims. § 744.441, Fla…References § 744.301, Fla. Stat. Natural guardians. § 744.387, Fla. Stat. Settlement of claims. § 744.391, Fla

Wilson v. Griffiths

Court: Fla. Dist. Ct. App. | Date Filed: 2002-02-15T00:00:00-08:00

Citation: 811 So. 2d 709

Snippet: settle the claim. § 744.387(2), Fla. Stat. (1999).2 Pursuant to section 744.387(1), Florida Statutes …The settlement was reached thereafter. Section 744.387(3)(a) specifically provides: No settlement after…3d DCA 1981) (stating that, pursuant to section 744.387(3)(a), “the only court having jurisdiction to approve

Infinity Ins. Co. v. Berges

Court: Fla. Dist. Ct. App. | Date Filed: 2001-08-01T00:53:00-07:00

Citation: 806 So. 2d 504

Snippet: settlement is less than $5,000.[4] However, section 744.387(2), Florida Statutes (1990), specifically requires…settle any claim in excess of $5,000.[5] Section 744.387(1), Florida Statutes (1990), further specifies … without appointment, authority, or bond. [5] 744.387 Settlement of claims. (2) In the same manner …net settlement to the ward exceeds $5,000. [6] 744.387 Settlement of claims. (1) When a settlement of

Hernandez v. United Contractors Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-27T00:53:00-07:00

Citation: 766 So. 2d 1249

Snippet: children's best interest. According to section 744.387(1), Florida Statutes (1995): (1) When a settlement… interest of the ward.... In addition, section 744.387(2), Florida Statutes (1995) provides: In the same… that limits the statutory language of section 744.387 to tort claims, as United contends. Further, if…requirements of the guardianship statutes. Under section 744.387, the court needs to determine that the settlement

MENDEZ EX REL. MENDEZ v. Simon

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-23T23:53:00-08:00

Citation: 739 So. 2d 101

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: Fla. Dist. Ct. App. | Date Filed: 1997-12-09T23:53:00-08:00

Citation: 702 So. 2d 1331

Snippet: be settled upon approval by the trial court. § 744.387(3)(a), Fla. Stat. We reject this argument, as the…the provisions of the rule [1.442] and Section 744.387 are irreconcilable. We feel that a reasonable interpretation

Naghtin v. Jones by and Through Jones

Court: Fla. Dist. Ct. App. | Date Filed: 1996-09-04T00:53:00-07:00

Citation: 680 So. 2d 573

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