The 2023 Florida Statutes (including Special Session C)
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. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805 . . .
. . . share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805 . . .
. . . class 1 expenses, the probate court will need to consider the order in which assets abate under section 733.805 . . . On remand, the probate court will need to comply with the order in which assets abate under section 733.805 . . .
. . . See also § 733.805, Fla. . . .
. . . . § 733.805, Fla. Stat. (2007). . . .
. . . as to the devise to Cynthia, to alter the general provisions of Florida’s abatement statute, section 733.805 . . .
. . . SPECIFICALLY DEVISED, PASS TO GENERAL DEVISEES BEFORE RESIDUARY DEVISEES IN ACCORDANCE WITH SECTION 733.805 . . .
. . . proportionate share of estate taxes and administrative expenses pursuant to sections 733.817(5)(a)l and 733.805 . . . See §§ 733.805(l)(d) & 733.817(l)(a), Fla. Stat. (1995). . . .
. . . SPECIFICALLY DEVISED, PASS TO GENERAL DEVI-SEES BEFORE RESIDUARY DEVI-SEES IN ACCORDANCE WITH SECTION 733.805 . . . Relying on section 733.805, Florida Statutes (2004), the Fourth District concluded that residuary gifts . . . It then applied the estate assets, including the $141,000, in accordance with section 733.805 and found . . . Section 733.805(1), Florida Statutes (2004), provides that funds of the estate shall be used to pay debts . . .
. . . SPECIFICALLY DEVISED, PASS TO GENERAL DEVI-SEES BEFORE RESIDUARY DEVI-SEES IN ACCORDANCE WITH SECTION 733.805 . . .
. . . . § 733.805, Fla. Stat. (2002); In re Estate of Potter, 469 So.2d 957, 959 (Fla. 4th DCA 1985). . . . SPECIFICALLY DEVISED, PASS TO GENERAL DEVI-SEES BEFORE RESIDUARY DEVI-SEES IN ACCORDANCE WITH SECTION 733.805 . . .
. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805 . . .
. . . share of the estate that is assigned to the pretermitted child shall be obtained in accordance with § 733.805 . . .
. . . Rather, section 733.805, Florida Statutes (1987), provides the guide for appropriation of estate proceeds . . . and direct that it should be assessed against the residuary portion of the estate pursuant to section 733.805 . . . On remand, both awards should be assessed in accordance with section 733.805, Florida Statutes (1987) . . .
. . . Finally, the provisions of Sections 733.805 and 733.817, Florida Statutes (1981), relating to apportionment . . . Section 733.805(1) provides that if the testator makes provision by his will or designates the funds . . .
. . . Further, the definitions of “devise” and “property” in F.S. 731.201-, and F.S. 733.805’s provisions regarding . . .
. . . Her basis for objection was section 733.805(2), Florida Statutes (1983), which provides for preferential . . . She claimed that under section 733.805(2), she was entitled to the entire remaining distributable estate . . . Section 733.805(2) grants preferential treatment to a surviving spouse when applying rules of abatement . . . in her deceased husband’s estate; therefore, her devise does not come within the purview of section 733.805 . . .
. . . The above exposition is supported by the provisions of section 733.805, Florida Statutes (1983): (1) . . .
. . . Stat. sec. 733.805 (West 1975); First National Bank of Omaha v. . . . Stat. sec. 733.805 (West 1975)) did not apply equitably to all assets. . . .
. . . . § 733.805(1) (1) If a testator makes provision by his will, or designates the funds or property to . . .
. . . I cannot agree that the provisions of a Florida Statute, specifically section 733.805, entitled “Order . . . Section 733.805, as the title suggests, provides a list of the testator’s assets that are to be utilized . . . will and the trust provision set out above, adequately provided for the payment of such taxes, section 733.805 . . . The statute, Section 733.805(1), Florida Statutes (1981), provided that such expenses shall be paid out . . . still owing, and if so, it is fully authorized under Section 733.817, read in conjunction with Section 733.805 . . . [Emphasis supplied.] .733.805 Order in which assets are appropriated.— (I) If a testator makes provision . . .
. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s..733.805 . . .
. . . the estate that is assigned to the pretermitted spouse shall be obtained in accordance with section 733.805 . . .
. . . See § 733.805, Fla.Stat. (1977). . . . Consequently, we hold that, pursuant to Section 733.805(1), Florida Statutes (1977), the bank shares . . . activated because apportionment was not necessary since it was not a specific bequest under Section 733.805 . . .
. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with § 733.805 . . .
. . . share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s. 733.805 . . .