Elective share trust means a trust under which: The surviving spouse is entitled for life to the use of the property or to all of the income payable at least as often as annually; The surviving spouse has the right under the terms of the trust or state law to require the trustee either to make the property productive or to convert it within a reasonable time; and. That he or she has previously signed the will, or. 75-220; s. 969, ch. If each trustee of a trust that is a beneficiary of the estate of the deceased person is also a petitioner, formal notice of the petition for summary administration shall be served on each qualified beneficiary of the trust as defined in s. 736.0103 unless joinder in, or consent to, the petition is obtained from each qualified beneficiary of the trust. 2016-239. A paper copy of an electronic will which is certified by a notary public to be a true and correct copy of the electronic will may be offered for and admitted to probate and shall constitute an original of the electronic will. Any other acquisition of property or interest by the killer, including a life estate in homestead property, shall be treated in accordance with the principles of this section. X of the State Constitution. Unless otherwise provided in the trust instrument or, in the decedents will if there is no provision in the trust instrument, any amount to be satisfied from trust property shall be paid from the assets of the trust in the order provided for claims under s. 736.05053(2) and (3). The transfer of an interest in homestead property described in subsection (1) may not be treated as a devise of that interest even if: The transferor retains a separate legal or equitable interest in the homestead property, directly or indirectly through a trust or other arrangement such as a term of years, life estate, reversion, possibility of reverter, or fractional fee interest; The interest transferred does not become a possessory interest until a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, the death of the transferor; or. 2012-148; s. 6, ch. In the case of any policy of insurance on the decedents life includable under s. 732.2035(9), the net cash surrender value of the policy on the date of the termination or transfer. If a qualified custodian is an entity, an affidavit, or an appearance by the testator in the presence of a duly authorized officer or agent of such entity, acting in his or her own capacity as such, shall constitute an affidavit, or an appearance by the testator in the presence of the qualified custodian. 2009-115; s. 3, ch. 99-343; s. 29, ch. In all actions brought under this section, the court shall award taxable costs as in chancery actions, including attorneys fees. 2001-226. Two motor vehicles as defined in s. 316.003, which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedents name and regularly used by the decedent or members of the decedents immediate family as their personal motor vehicles. Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will. 97-102. 732.216-732.228 apply, a purchaser for value or a lender taking a security interest in the property takes that interest in the property free of any rights of the surviving spouse. Any individual, corporation, or other person paying, transferring, delivering, or assigning personal property under the authorization shall be forever discharged from liability thereon. After the entry of the order, bona fide purchasers for value from those to whom property of the decedent may be assigned by the order shall take the property free of all claims of creditors of the decedent and all rights of the surviving spouse and all other beneficiaries. 77-87; s. 1, ch. Liability of direct recipients and beneficiaries. 2009-115; s. 9, ch. At the time of the decedents death, the decedent owned an interest in real property that the affiant believes to be homestead property described in s. 4, Article X of the State Constitution, which real property being in County, Florida, and described as: (description of homestead property). Secondary beneficiary means a beneficiary designated under the governing instrument who will receive an interest in an asset if the designation of the primary beneficiary is revoked or otherwise cannot be given effect. 75-220; s. 48, ch. This subsection does not apply to a transfer that is revocable by the decedent only with the consent of all persons having a beneficial interest in the property. 117.05(5)(b)2.) That the value of the entire estate subject to administration in this state, less the value of property exempt from the claims of creditors, does not exceed $75,000 or that the decedent has been dead for more than 2 years. Subsections (5) and (6) apply notwithstanding the payors knowledge that the person to whom the asset is transferred is different from the person who would own the interest pursuant to subsection (2). All qualified tuition programs authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and the Florida Prepaid College Trust Fund participation agreements under s. 1009.981. 97-102; s. 42, ch. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. This section does not apply if it can be proven by clear and convincing evidence that, after the conviction of abuse, neglect, or exploitation, the victim of the offense, if capacitated, ratifies an intent that the person so convicted of abuse, neglect, or exploitation retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section by executing a valid written instrument, sworn to and witnessed by two persons who would be competent as witnesses to a will, which expresses a specific intent to allow the convicted person to retain his or her inheritance, survivorship rights, or any other right that might otherwise be removed by this section. 75-220; s. 3, ch. PDF Affidavit of Heirs - Florida Courts The testators name must be subscribed at the end of the will by some other person in the testators presence and by the testators direction. If there are more than two joint tenants and all of them so died, the property thus distributed shall be in the proportion that one bears to the number of joint tenants. Forfeiture for abuse, neglect, exploitation, or aggravated manslaughter of an elderly person or a disabled adult. Words of survivorship used by the donor of the power in a power to appoint to an individual, such as the term if he survives the donee or if she survives the donee, or in a power to appoint to the donees then surviving children, are a sufficient indication of an intent contrary to the application of subsection (2). To the extent paid to or for the benefit of the surviving spouse, the decedents one-half of any property described in s. 732.2045(1)(f). The interest transferred is subject to divestment, expiration, or lapse upon a date certain or upon a specified event, the occurrence or nonoccurrence of which does not constitute a power held by the transferor to revoke or revest the interest in the transferor, including, without limitation, survival of the transferor. In lieu of a life estate under subsection (1), the surviving spouse may elect to take an undivided one-half interest in the homestead as a tenant in common, with the remaining undivided one-half interest vesting in the decedents descendants in being at the time of the decedents death, per stirpes. 2003-154; s. 34, ch. s. 1, ch. To the extent that controlling federal law provides otherwise; If the governing instrument is signed by the decedent, or on behalf of the decedent, after the order of dissolution or order declaring the marriage invalid and such governing instrument expressly provides that benefits will be payable to the decedents former spouse; To the extent a will or trust governs the disposition of the assets and s. 732.507(2) or s. 736.1105 applies; If the order of dissolution or order declaring the marriage invalid requires that the decedent acquire or maintain the asset for the benefit of a former spouse or children of the marriage, payable upon the death of the decedent either outright or in trust, only if other assets of the decedent fulfilling such a requirement for the benefit of the former spouse or children of the marriage do not exist upon the death of the decedent; If, under the terms of the order of dissolution or order declaring the marriage invalid, the decedent could not have unilaterally terminated or modified the ownership of the asset, or its disposition upon the death of the decedent; If the designation of the decedents former spouse as a beneficiary is irrevocable under applicable law; If the governing instrument is governed by the laws of a state other than this state; To an asset held in two or more names as to which the death of one co-owner vests ownership of the asset in the surviving co-owner or co-owners; If the decedent remarries the person whose interest would otherwise have been revoked under this section and the decedent and that person are married to one another at the time of the decedents death; or. An electronic will or codicil is revoked by the testator, or some other person in the testators presence and at the testators direction, by deleting, canceling, rendering unreadable, or obliterating the electronic will or codicil, with the intent, and for the purpose, of revocation, as proved by clear and convincing evidence. View Entire Chapter. 2016-189. 74-106; s. 34, ch. 74-106; s. 39, ch. . If the surviving spouse has an interest in a trust that does not meet the requirements of either an elective share trust or a qualifying special needs trust, the value of the spouses interest is the transfer tax value of the interest on the applicable valuation date; however, the aggregate value of all of the spouses interests in the trust shall not exceed one-half of the value of the trust principal on the applicable valuation date. A qualified custodian who at any time maintains custody of the electronic record of an electronic will may elect to cease serving in such capacity by: Delivering the electronic will or the electronic record containing the electronic will to the testator, if then living, or, after the death of the testator, by filing the will with the court in accordance with s. 732.901; and. If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated exempt property.. An entire revocation of the trust by an instrument in writing before the testators death shall invalidate the devise or bequest.