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Florida Statute 222.13 | Lawyer Caselaw & Research
F.S. 222.13 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 222.13

The 2023 Florida Statutes (including Special Session C)

Title XV
HOMESTEAD AND EXEMPTIONS
Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS
View Entire Chapter
F.S. 222.13
222.13 Life insurance policies; disposition of proceeds.
(1) Whenever any person residing in the state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Notwithstanding the foregoing, whenever the insurance, by designation or otherwise, is payable to the insured or to the insured’s estate or to his or her executors, administrators, or assigns, the insurance proceeds shall become a part of the insured’s estate for all purposes and shall be administered by the personal representative of the estate of the insured in accordance with the probate laws of the state in like manner as other assets of the insured’s estate.
(2) Payments as herein directed shall, in every such case, discharge the insurer from any further liability under the policy, and the insurer shall in no event be responsible for, or be required to see to, the application of such payments.
History.s. 1, ch. 1864, 1872; RS 2347; s. 1, ch. 4555, 1897; s. 1, ch. 5165, 1903; GS 3154; RGS 4977; CGL 7065; s. 1, ch. 29861, 1955; s. 1, ch. 59-333; s. 1, ch. 63-230; s. 1, ch. 70-376; s. 51, ch. 71-355; s. 1202, ch. 95-147.

F.S. 222.13 on Google Scholar

F.S. 222.13 on Casetext

Amendments to 222.13


Arrestable Offenses / Crimes under Fla. Stat. 222.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 222.13.



Annotations, Discussions, Cases:

Cases from cite.case.law:

A. MOREY, W. Jr. W. Jr. v. EVERBANK, 93 So. 3d 482 (Fla. Dist. Ct. App. 2012)

. . . Here, as below, the Trustee relies on this language in section 222.13(1), Florida Statutes (2008): Whenever . . . the Legislature that the terms of Section 733.808(1) override an exemption statute such as Section 222.13 . . . Section 222.13(1) makes an exemption from the decedent insured’s creditors available for life insurance . . . Section 222.13(1) does not prohibit life insurance proceeds’ paying the insured’s estate’s debts and . . . The owner of an insurance policy may waive the section 222.13 exemption merely by designating the insured . . .

In BECKWITH,, 448 B.R. 757 (Bankr. S.D. Ohio 2011)

. . . . §§ 222.13 and 222.14, pertaining to life insurance policies and annuity contracts, there is no language . . .

In M. SIMS, Jr. B., 421 B.R. 745 (Bankr. D.S.C. 2010)

. . . . § 222.13, the exemption, as here, extends to protect only from claims by creditors of the insured. . . .

In W. MORRISON A., 403 B.R. 895 (Bankr. M.D. Fla. 2009)

. . . She also claimed the interest as exempt pursuant to § 222.13 and § 222.14 of the Florida Statutes. . . .

In T. BEZARES, J., 383 B.R. 796 (Bankr. M.D. Fla. 2007)

. . . In Milam, the Supreme Court of Florida considered Florida Statute 222.13, the life insurance policy exemption . . .

CADLE COMPANY, FDIC, N. A. v. PEGASUS RANCH, INC. R. L., 920 So. 2d 1276 (Fla. Dist. Ct. App. 2006)

. . . other garnishees, Ponsoldt claimed the exemption for life insurance or annuities, pursuant to sections 222.13 . . . Exemptions for life insurance proceeds and annuity contracts are provided by sections 222.13 and 222.14 . . .

W. C. BASS SONS, INC. a v. GILMAN,, 677 So. 2d 338 (Fla. Dist. Ct. App. 1996)

. . . We affirm because Florida Statute 222.13(1)(1993) clearly exempts life insurance proceeds from the claims . . .

In ZESBAUGH,, 190 B.R. 951 (Bankr. M.D. Fla. 1995)

. . . . §§ 222.13 and 222.14. . . . . § 222.13. . . . Moreover, Zeitz by way of dicta made it clear that while under Fla.Stat. § 222.13 the proceeds of the . . . where the claim of exemption was also based on Fla.Stat. § 222.14, the Court noted that while both §§ 222.13 . . . bankruptcy court considering the statute of North Carolina § lC-1601(a)(6), a statute similar to Fla.Stat. § 222.13 . . .

SWENSZKOWSKI, v. COMPTON,, 662 So. 2d 722 (Fla. Dist. Ct. App. 1995)

. . . Thus, section 222.13(1), Florida Statutes (1989), does not bar Swenszkowski’s claim. . . .

In E. ZEITZ A., 171 B.R. 903 (Bankr. S.D. Fla. 1994)

. . . While under Florida Statute 222.13, the proceeds of a life insurance policy are exempt from the claims . . .

G. GARTLEY, v. B. GARTLEY,, 622 So. 2d 77 (Fla. Dist. Ct. App. 1993)

. . . See sections 222.13 and 733.808(4), Florida Statutes (1985). Spohr v. . . .

In J. WINES,, 113 B.R. 787 (Bankr. S.D. Fla. 1990)

. . . Florida Supreme Court decided the constitutionality under the state constitution of the predecessor of § 222.13 . . . Davis said of § 222.13’s predecessor, the legislation “was apparently not regarded as being violative . . . seizure on attachment, or sale on execution, or other process from any court on debt by contract. . 222.13 . . .

In W. BUTCHER,, 62 B.R. 162 (Bankr. E.D. Tenn. 1986)

. . . This statute and its companion statute, § 222.13, prevent creditors of the insured from reaching proceeds . . . This court does not believe that § 222.13 was intended to prevent a creditor of a beneficiary from reaching . . . Fla.Stat. § 222.13 (West 1977). . . . .

KILGO, v. BOWMAN TRANSPORTATION, INC., 570 F. Supp. 1509 (N.D. Ga. 1983)

. . . and (2) that the said redefinition would violate Rules 16 and 23, F.R.Civ.P., and Local Court Rule 222.13 . . .

CALIFORNIA v. ARIZONA, 452 U.S. 431 (U.S. 1981)

. . . S 26°22/29" E 222.13 feet; 786. S 35°15'47" E 216.91 feet; 787. S 77°17'17" E 27.49 feet; 788. . . .

CROSSLEY v. TRAVELERS INSURANCE COMPANY, a, 314 So. 2d 607 (Fla. Dist. Ct. App. 1975)

. . . . § 222.13 (1973). The trial court determined the issue in favor of the widow. . . . life insurance policy under the provisions of Section 731.23, Laws of Florida; however, under Section 222.13 . . .

In ESTATE R. L. B., 259 So. 2d 206 (Fla. Dist. Ct. App. 1972)

. . . . § 222.13 F.S.A. to receive the policy proceeds. . . . Despite the many subsequent amendments to Chapter 222.13 Florida Statutes the status and posture of said . . . Chapter 222.13, however, completely nullifies this selection inasmuch as it states very clearly that . . . This Court feels that Chapter 222.13 should be construed to mean exactly what it says, to-wit: child . . . B., is declared to be the individual set forth in Chapter 222.13 who shall take the insurance proceeds . . .

In ESTATE H. HUNT,, 222 So. 2d 272 (Fla. Dist. Ct. App. 1969)

. . . . § 222.13, F.S.A. . . . [Emphasis added] The statute involved herein, Fla.Stat. § 222.13, F.S.A., has caused vexatious legal . . .

P. HAMILTON P. a v. LIBERTY NATIONAL LIFE INSURANCE COMPANY, a Jr. a, 207 So. 2d 472 (Fla. Dist. Ct. App. 1968)

. . . . § 222.13, F.S.A. provides that insurance proceeds shall pass outside probate and inure to the benefit . . . Virginia is not “entitled” as a beneficiary; neither is she qualified indirectly under the provisions of § 222.13 . . .

In ESTATE M. WEYMER,, 199 So. 2d 495 (Fla. Dist. Ct. App. 1967)

. . . . § 222.13 were the property of his ward. . . . specifically bequeathed, or, in the alternate, the executor had complied with the provisions of F.S.A. § 222.13 . . . the life insurance proceeds were not specifically bequeathed; therefore, in accordance with F.S.A. § 222.13 . . .

CLEMONS, v. CLEMONS, a C., 197 So. 2d 38 (Fla. Dist. Ct. App. 1967)

. . . Sec. 222.13, F.S.A. provides that— “Whenever any person shall die in this state leaving insurance on . . . Therefore, the quoted provision of Sec. 222.13 aforesaid supplied the void in the policy designation . . .

In ESTATE D. HORNER, MIAMI BEACH FIRST NATIONAL BANK, D. v. A. HORNER, G., 188 So. 2d 386 (Fla. Dist. Ct. App. 1966)

. . . This order was made pursuant to the County Judge’s interpretation of section 222.13(2) Fla.Stat. 1963 . . . The pertinent subsection of § 222.13 Fla.Stat., F.S.A. is as follows: “(2) Whenever any person residing . . . etc., and that any distribution thereof should be accomplished pursuant to the provision of section 222.13 . . . Section 222.13(3) is as follows: “3) Whenever any person residing in the state shall die leaving insurance . . .

ROYSTON DISTRIBUTORS, INC. v. MOORE- McCORMACK LINES, INC. IMPERIAL CAR DISTRIBUTORS, INC. v. MOORE- McCORMACK LINES, INC., 252 F. Supp. 480 (E.D. Pa. 1965)

. . . . $222.13 minus $2.13. . $150.82 minus $ .32. . . .

H. STEWART, v. PENNY, U. S. U. S., 238 F. Supp. 821 (D. Nev. 1965)

. . . C.F.R. 222.13, 222.47, et seq. . . .

A. DUKES, v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA,, 330 F.2d 337 (5th Cir. 1964)

. . . . § 222.13. . . .

THOMAS, v. W. NUCKOLS,, 157 So. 2d 712 (Fla. Dist. Ct. App. 1963)

. . . . § 222.13, F.S.A., relating to the disposition of proceeds derived from life insurance policies payable . . . F.S. § 222.13, F.S.A. . In re Alworth’s Estate, (Fla.App.1963), 151 So.2d 478. . . .

In ESTATE ALWORTH, Jr., 151 So. 2d 478 (Fla. Dist. Ct. App. 1963)

. . . The statute in effect at the time of the testator’s death is as follows: “222.13 Life Insurance policies . . . the Revised General Statutes of Florida 1920, § 7065, Compiled General Laws of Florida 1927, and § 222.13 . . . The conclusion that Section 222.13, Florida Statutes, F.S.A., is obviously an exemption statute and has . . . Section 222.13, F.S.A. . . . . Laws of Florida, 1903, Ch. 5165 at 99. . § 222.13, F.S., 1941. . Sloan v. . . .

ASPHALT PAVING, INC. a v. L. ULERY, K. D. D. S., 149 So. 2d 370 (Fla. Dist. Ct. App. 1963)

. . . Their claim of subrogation is based on the theory that they were the beneficiaries (under Section 222.13 . . . Ulery’s death there was no named beneficiary in either of the policies and that by operation of Section 222.13 . . . F.S. 222.13, F.S.A., provides: “Life insurance policies; disposition of proceeds. . . .

RUZA, v. ESTATE M. RUZA, RUZA v. ESTATE M. RUZA,, 132 So. 2d 308 (Fla. Dist. Ct. App. 1961)

. . . order and urge error in this court upon the ground that the order entered improperly ignored section 222.13 . . . and Martin Ruza the cause is remanded to the county judge’s court for a ruling in accord with section 222.13 . . .

L. ULERY, E. K. D. D. S. v. ASPHALT PAVING, INC. a, 119 So. 2d 432 (Fla. Dist. Ct. App. 1960)

. . . Appellants claim to derive their interests under Section 222.13, Florida Statutes 1957, F.S.A., the pertinent . . . It is evident that the purpose of Section 222.13, Florida Statutes 1957, F.S. . . . provisions of Section 7065, C.G.L., which substantially parallels the within quoted provisions of Section 222.13 . . . 1959, prior to the effective date of Chapter 59-333, Laws of Florida 1959 (incorporated as Section 222.13 . . . , Florida Statutes, 1959, F.S.A.) whereby Section 222.13, Florida Statutes 1957, was amended in major . . .

In ESTATE MITCHELL,, 96 So. 2d 661 (Fla. 1957)

. . . . § 222.13, F.S.A., applied to the life insurance policies and to require the executor to pay the insurance . . . Since the testator died in 1954, the 1955 amendments to F.S. § 222.13 are inapplicable and we are concerned . . .

J. CARTER, v. J. CARTER, Sr. J. Jr., 88 So. 2d 153 (Fla. 1956)

. . . receive the proceeds of the insurance policy as the designated beneficiary and further that Section 222.13 . . . inheritance by an alleged “murderer” but has no relevancy to the pending question and that Section 222.13 . . . Section 222.13, Florida Statutes, F.S.A., offers no greater difficulty. . . . The conclusion that Section 222.13, Florida Statutes, F.S.A., is obviously an exemption statute and hás . . .

UNITED STATES v. GILMORE,, 222 F.2d 167 (5th Cir. 1955)

. . . the amount of $1,596.47. . 11 Florida Statutes Annotated: “Title XIV — Homestead and Exemptions “Sec. 222.13 . . . , 7 Cir., 217 F.2d 166. . 11 Florida Statutes Annotated: “Title XIV — Homestead and Exemptions mee. 222.13 . . .

H. JOHNSON, M. v. H. REMY,, 220 F.2d 73 (5th Cir. 1955)

. . . . § 222.13, quoted in the margin. . . . contained in Item Five of the will, or became payable to the widow under the provisions of section 222.13 . . . Section 222.13, Florida Statutes: “Whenever any person shall die in this state leaving insurance on his . . . his widow as the residual legatee under the will indicates that the results of the statute F.S.A. § 222.13 . . .

PACIFIC MUT. LIFE INS. CO. v. JONES PROVIDENT LIFE ACCIDENT INS. CO. v. JONES JONES v. JONES, 100 F. Supp. 466 (N.D. Fla. 1951)

. . . The applicable Statute, Section 222.13 F.S.A.1941, is as follows : “Whenever any person shall die in . . .

FLICK S ESTATE v. COMMISSIONER OF INTERNAL REVENUE, 166 F.2d 733 (5th Cir. 1948)

. . . Sec. 222.13 of Florida Statutes Annotated provides as follows: “222.13 Life insurance policies; disposition . . . been bequeathed in the same manner as “any other property or effects of which he may be possessed” [222.13 . . .

IN RE ESTATE OF JOHN E. SEATON,, 154 Fla. 446 (Fla. 1944)

. . . individual personal capacity, upon the ground that such proceeds inured to her by virtue of Section 222.13 . . . See 7065 C.G.L. 1927 (Sec. 222.13, Florida Statutes, 1941). . . .

NEW YORK LIFE INS. CO. v. VALZ, 141 F.2d 1014 (5th Cir. 1944)

. . . the main question involved depends upon the provisions of the will and the construction of Section 222.13 . . . Sec. 222.13, Florida Statutes 1941, F.S.A. . . . Sec. 222.13, Florida Statutes 1941, F.S.A. . . . The judgment below is affirmed. “222.13. Life insurance policies; disposition of proceeds. . . .

BESSIE POSS, CHARLES C. POSS, v. MARGUERITE CRAVEN, CHARLES CRAVEN, BESSIE POSS, CHARLES C. POSS, v. MARGUERITE CRAVEN, CHARLES CRAVEN,, 153 Fla. 720 (Fla. 1943)

. . . Sec. 222.13, Florida Statutes 1941, Sec. 222.13 F.S.A. Affirmed. BUFORD, C. . . .