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Florida Statute 733.812 | Lawyer Caselaw & Research
F.S. 733.812 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 733.812

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. 733.812
733.812 Improper distribution or payment; liability of distributee or payee.A distributee or a claimant who was paid improperly must return the assets or funds received, and the income from those assets or interest on the funds since distribution or payment, unless the distribution or payment cannot be questioned because of adjudication, estoppel, or limitations. If the distributee or claimant does not have the property, its value at the date of disposition, income thereon, and gain received by the distributee or claimant must be returned.
History.s. 1, ch. 74-106; s. 92, ch. 75-220; s. 1023, ch. 97-102; s. 162, ch. 2001-226.

F.S. 733.812 on Google Scholar

F.S. 733.812 on Casetext

Amendments to 733.812


Arrestable Offenses / Crimes under Fla. Stat. 733.812
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 733.812.



Annotations, Discussions, Cases:

Cases from cite.case.law:

L. KEUL, v. HODGES BLVD. PRESBYTERIAN CHURCH, In, 180 So. 3d 1074 (Fla. Dist. Ct. App. 2015)

. . . . § 733.812, Fla. . . . upholding order compelling recipient of assets or funds from an estate to return them, citing section 733.812 . . .

DAVIS, H. U W D F B O A. v. ESTATE OF H. DAVIS,, 77 So. 3d 703 (Fla. Dist. Ct. App. 2011)

. . . property, except to the extent that it may ultimately become necessary, as authorized in Florida Statute 733.812 . . .

HALL, v. TUNGETT, Of E., 980 So. 2d 1289 (Fla. Dist. Ct. App. 2008)

. . . Pursuant to section 733.812, Florida Statutes (2006), the PR requested that the probate court enter an . . . receives assets or funds from an estate may be compelled to return the assets or funds received. § 733.812 . . . The court concluded as follows: Nor is there any basis under section 733.812, Florida Statutes (1991) . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 964 So. 2d 140 (Fla. 2007)

. . . . § 733.812, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES, 948 So. 2d 735 (Fla. 2007)

. . . . § 733.812, Fla. Stat. . . .

In AMENDMENTS TO THE FLORIDA PROBATE RULES TWO YEAR CYCLE, 912 So. 2d 1178 (Fla. 2005)

. . . . § 733.812, Fla. Stat. . . .

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

. . . . § 733.812, Fla. Stat. . . .

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

. . . . § 733.812, Fla.Stat. Improper distribution; liability of distributee. § 733.901, Fla.Stat. . . .

In ESTATE OF VERNON, H. BAILEY, v. CAPITAL BANK, a, 637 So. 2d 365 (Fla. Dist. Ct. App. 1994)

. . . His amended petition, filed in July, 1992, against appellee pursuant to section 733.812, Florida Statutes . . . motion to dismiss asserted that the funds did not have to be returned to the estate because (1) section 733.812 . . . then the section is inapplicable, and (2) the petition failed to state a cause of action under section 733.812 . . . Section 733.812, Florida Statutes (1991), provides; Improper distribution; liability of distribu-tee. . . .

W. BARBER, W. v. J. RUTH A., 7 F.3d 636 (7th Cir. 1993)

. . . particularly true in light of § 733.607, which provides that a personal representative must demand, and § 733.812 . . .

In ESTATE OF VERNON,, 614 So. 2d 1188 (Fla. Dist. Ct. App. 1993)

. . . The Appellee was not, as alleged, either a claimant or distributee under section 733.812, Florida Statutes . . .

In ESTATE OF VERNON,, 614 So. 2d 1188 (Fla. Dist. Ct. App. 1993)

. . . The Appellee was not, as alleged, either a claimant or distributee under section 733.812, Florida Statutes . . .

In ESTATE OF VERNON, WEITZMAN v. RESOLUTION TRUST CORPORATION, H., 608 So. 2d 510 (Fla. Dist. Ct. App. 1992)

. . . Nor is there any basis under section 733.812, Florida Statutes (1991), to find that defendants were “ . . . To use section 733.812 is to assume the very fact sought to be litigated as the jurisdictional base for . . .

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

. . . Ft&$ 733.812, Fla.Stat. Improper distribution; liability of distributee. ¡¾⅜⅛ 733.901, Fla.Stat. . . .

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

. . . F.S. 733.812 Improper distribution; liability of distributee. . . .

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

. . . F.S. 733.812 Improper distribution; liability of distributee. . . .

THE FLORIDA BAR RE AMENDMENT TO RULES- PROBATE AND GUARDIANSHIP, 458 So. 2d 1079 (Fla. 1984)

. . . F.S. 733.812 Improper distribution; liability of distributee. . . .

In ESTATE OF D. SLATER, SLATER, v. SLATER,, 437 So. 2d 1110 (Fla. Dist. Ct. App. 1983)

. . . and its income since distribution, or its value plus income and gain, under the authority of section 733.812 . . .