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Florida Statute 733.610 | Lawyer Caselaw & Research
F.S. 733.610 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 733.610

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 733
PROBATE CODE: ADMINISTRATION OF ESTATES
View Entire Chapter
F.S. 733.610
733.610 Sale, encumbrance, or transaction involving conflict of interest.Any sale or encumbrance to the personal representative or the personal representative’s spouse, agent, or attorney, or any corporation, other entity, or trust in which the personal representative, or the personal representative’s spouse, agent, or attorney, has a substantial beneficial or ownership interest, or any transaction that is affected by a conflict of interest on the part of the personal representative, is voidable by any interested person except one who has consented after fair disclosure, unless:
(1) The will or a contract entered into by the decedent expressly authorized the transaction; or
(2) The transaction is approved by the court after notice to interested persons.
History.s. 1, ch. 74-106; s. 78, ch. 75-220; s. 1007, ch. 97-102; s. 133, ch. 2001-226; s. 6, ch. 2020-67.

F.S. 733.610 on Google Scholar

F.S. 733.610 on Casetext

Amendments to 733.610


Arrestable Offenses / Crimes under Fla. Stat. 733.610
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.610.



Annotations, Discussions, Cases:

Cases from cite.case.law:

S. LEHMAN S. P. A. v. LUCOM,, 78 So. 3d 592 (Fla. Dist. Ct. App. 2011)

. . . It is only voidable.” 95 So.2d 244, 246 (Fla.1957)); see also § 733.610, Fla. . . .

SCOTT, v. REYES,, 913 So. 2d 13 (Fla. Dist. Ct. App. 2005)

. . . representative, filed a “Petition for Court Order Pursuant to Florida Statutes, Sections 733.603 and 733.610 . . . The matters raised in the Petition for Court Order Pursuant to Florida Statutes Sections 733.603 and 733.610 . . .

In ESTATE OF SALOMON, Jr. v. E., 791 So. 2d 1150 (Fla. Dist. Ct. App. 2001)

. . . interests in the trust, we readily conclude that the amended inventory was a legal nullity under section 733.610 . . . Section 733.610, Florida Statutes (2000) provides: Any sale or encumbrance to the personal representative . . .

In ESTATE OF C. CATAPANE, C. P. A. C. v. By, 759 So. 2d 9 (Fla. Dist. Ct. App. 2000)

. . . See, e.g., §§ 733.609, 733.610, 733.619, Fla. Stat. . . .

M. BRAKE, v. MURPHY, P., 749 So. 2d 1278 (Fla. Dist. Ct. App. 2000)

. . . See § 733.610, Fla. Stat. The partial summary judgment indicates in substance that Mrs. . . .

AMENDMENTS TO FLORIDA PROBATE RULES, 683 So. 2d 78 (Fla. 1996)

. . . Committee Notes Petitions under the rule are governed by section 733.610, Florida Statutes, under which . . . Improper exercise of power; breach of fiduciary duty. § 733.610, Fla.Stat. . . .

PEARSON, a v. A. DeLAMERENS, M. D. A. M. D. P. A. M. D. C. M. D. A. M. D. A. M. D. P. A., 656 So. 2d 217 (Fla. Dist. Ct. App. 1995)

. . . See §§ 733.602, 733.609, 733.610, 733.619, Fla.Stat. (1993); cf. Continental Nat’l Bank v. . . .

M. BRAKE, v. E. MURPHY,, 636 So. 2d 72 (Fla. Dist. Ct. App. 1994)

. . . the election of beneficiaries and therefore unenforceable because it was made in violation of Section 733.610 . . . encumbrance in favor of the personal representative obtained without required court approval, see § 733.610 . . . Section 733.610, Florida Statutes (1991), provides: Any sale or encumbrance to the personal representative . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 607 So. 2d 1306 (Fla. 1992)

. . . Committee Notes Petitions under the rule are governed by ftSrSection 733.610, Florida Statutes, under . . . Improper exercise of power; breach of fiduciary duty. 3¾§4 733.610, FIa.Stat. . . .

IANDOLI, v. IANDOLI, E., 547 So. 2d 666 (Fla. Dist. Ct. App. 1989)

. . . However, in recognition of the potential difficulty posed by section 733.610, Florida Statutes (1985) . . .

IN RE ESTATE OF LAVER, 31 Fla. Supp. 2d 62 (Fla. Cir. Ct. 1988)

. . . Chapter 733.610 sets forth a caveat; that being, “Any transaction that is affected by a conflict of interest . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 537 So. 2d 500 (Fla. 1988)

. . . Committee Notes Petitions under the rule are governed by F.S. 733.610, under which sales are voidable . . . F.S. 733.610 Sale, encumbrance or transaction involving conflict of interest. . . .

THE FLORIDA BAR. In Re RULES OF PROBATE AND GUARDIANSHIP PROCEDURE, 531 So. 2d 1261 (Fla. 1988)

. . . POWER CONFERRED [NO CHANGE RECOMMENDED] Committee Notes Petitions under the rule are governed by F.S. 733.610 . . . F.S. 733.610 Sale, encumbrance or transaction involving conflict of interest. . . .

Jo STILWELL, v. ESTATE OF W. CROSBY,, 519 So. 2d 68 (Fla. Dist. Ct. App. 1988)

. . . Section 733.610, Florida Statutes (1985) provides: Any sale or encumbrance to the personal representative . . .

IN RE ESTATE OF LEWIS E. IANDOLI, 22 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1986)

. . . person unless the transaction has been approved by the Court after notice to interested persons, F.S. 733.610 . . . Court’s jurisdiction for approval of the sale except for the conflict of interest provisions of F.S. 733.610 . . . on the terms set forth in the Petition, is hereby approved for the purpose of compliance with F.S. 733.610 . . .

TAYLOR, v. B. HOPKINS, L. a k a a k a, 472 So. 2d 1355 (Fla. Dist. Ct. App. 1985)

. . . Section 733.610 provides: Sale, encumbrance or transaction involving conflict of interest. — Any sale . . .