The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS

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F.S. 732.2155

732.2155 Effective date; effect of prior waivers; transition rules.—

(1) Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. The law in effect prior to October 1, 1999, applies to decedents dying before October 1, 2001.

(2) Nothing in ss. 732.201-732.2155 modifies or applies to the rights of spouses under chapter 61.

(3) A waiver of elective share rights before the effective date of this section which is otherwise in compliance with the requirements of s. 732.702 is a waiver of all rights under ss. 732.201-732.2145.

(4) Notwithstanding anything in s. 732.2045(1)(a) to the contrary, any trust created by the decedent before the effective date of ss. 732.201-732.2145 that meets the requirements of an elective share trust is treated as if the decedent created the trust after the effective date of these sections and in satisfaction of the elective share.

(5) Sections 732.201-732.2155 do not affect any interest in contracts entered into for adequate consideration in money or money’s worth before October 1, 1999, to the extent that the contract was irrevocable at all times from October 1, 1999, until the date of the decedent’s death.

(6) Sections 732.201-732.2155 do not affect any interest in property held, as of the decedent’s death, in a trust, whether revocable or irrevocable, if:

(a) The property was an asset of the trust at all times between October 1, 1999, and the date of the decedent’s death;

(b) The decedent was not married to the decedent’s surviving spouse when the property was transferred to the trust; and

History.—s. 15, ch. 99-343; s. 30, ch. 2001-226.

F.S. 732.2155 on Google Scholar

F.S. 732.2155 on Casetext

Amendments to 732.2155

Arrestable Offenses / Crimes under Fla. Stat. 732.2155

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.2155.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE AMENDMENTS TO FLORIDA PROBATE RULES- FAST- TRACK REPORT., 253 So. 3d 983 (Fla. 2018)

. . . . §§ 732.201-732.2155, Fla. Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. . . .

LEE, v. ESTATE OF PAYNE, M. a, 148 So. 3d 776 (Fla. Dist. Ct. App. 2013)

. . . In Magee, we addressed whether Florida’s elective share statutes, sections 732.201 to 732.2155, Florida . . .

McDONALD, v. JOHNSON Co- D. a a k a D., 83 So. 3d 889 (Fla. Dist. Ct. App. 2012)

. . . See § 732.2155(6)(c). . . . the MCC stock is excluded from the surviving spouse’s elective share calculation pursuant to section 732.2155 . . . the MCC stock is excluded from the surviving spouse’s elective share calculation pursuant to section 732.2155 . . . Section 732.2155(6) provides as follows: Sections 732.201-732.2155 do not affect any interest in property . . . We conclude that the fact that section 732.2155(6)(c) cites to section 61.075 without a specific citation . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

. . . . § 732.201-732.2155, Fla. Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. . . .

BOULIS a k a v. J. BLACKBURN, Jr. S. A. a k a, 16 So. 3d 186 (Fla. Dist. Ct. App. 2009)

. . . . § 732.2155(1), Fla. Stat. (2000). . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 986 So. 2d 576 (Fla. 2008)

. . . . §§ 732.201-732.2155, Fla. Stat. Elective share of surviving spouse. § 732.301, Fla. Stat. . . .

In ESTATE OF W. MAGEE, W. U T D v., 988 So. 2d 1 (Fla. Dist. Ct. App. 2007)

. . . The order expressly declares that Florida’s elective share statutes, codified at sections 732.201 to 732.2155 . . . See ch. 99-343, Laws of Fla.; § 732.2155(1), Fla. . . . that Edna was entitled to an elective share in accordance with the provisions of sections 732.201 to 732.2155 . . .

C. JANIEN, M. v. J. JANIEN,, 939 So. 2d 264 (Fla. Dist. Ct. App. 2006)

. . . We note that section 732.2155(4), Florida Statutes (2005), provides that "any trust created by the decedent . . . before the effective date [contained in section 732.2155(1) ] that meets the requirements of an elective . . .

L. VELDE, L. S. Jr. W. v. W. VELDE K., 867 So. 2d 501 (Fla. Dist. Ct. App. 2004)

. . . .; § 732.2155, Fla. Stat. (1999). . . .

ESTATE OF A. HEID, J. v. J. HEID, III,, 863 So. 2d 1259 (Fla. Dist. Ct. App. 2004)

. . . See § 732.2155(1), Fla. Stat. (2001). We agree and affirm. . . . Specifically, section 732.2155(1), Florida Statutes (2000), provides: Sections 732.201-732.2155 are effective . . .

AMENDMENTS TO THE FLORIDA PROBATE RULES, 848 So. 2d 1069 (Fla. 2003)

. . . Adversary proceed-ingSr §§ 732.201-732.2155, Fla. Stat. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 807 So. 2d 622 (Fla. 2001)

. . . The Legislature made a number of changes to the elective share statutes, sections 732.201-732.2155, Florida . . . Adversary proceedings. §§ 732.201-732.2155, Fla. Stat. . . .

H. FAILE, v. M. FLEMING, N. A., 763 So. 2d 459 (Fla. Dist. Ct. App. 2000)

. . . However the new provisions of sections 732.201-732.2155, Florida Statutes (1999), are effective "for . . . all decedents dying on or after October 1, 2001.” § 732.2155(1), Fla. . . .