The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 744
GUARDIANSHIP

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F.S. 744.457

744.457 Conveyance of various property rights by guardians of the property.—

(1)(a) All legal or equitable interests in property owned as an estate by the entirety by an incapacitated person for whom a guardian of the property has been appointed may be sold, transferred, conveyed, or mortgaged in accordance with s. 744.447, if the spouse who is not incapacitated joins in the sale, transfer, conveyance, or mortgage of the property. When both spouses are incapacitated, the sale, transfer, conveyance, or mortgage shall be by the guardians only. The sale, transfer, conveyance, or mortgage may be accomplished by one instrument or by separate instruments.

(b) In ordering or approving the sale and conveyance of the real or personal property owned by the ward and the ward’s spouse as an estate by the entirety or as joint tenants with right of survivorship, the court may provide that one-half of the net proceeds of the sale shall go to the guardian of the ward and the other one-half to the ward’s spouse, or the court may provide for the proceeds of the sale to retain the same character as to survivorship as the original asset.

(c) The guardian of the property shall collect all payments coming due on intangible property, such as notes and mortgages and other securities, and shall retain one-half of all principal and interest payments so collected and shall pay the other one-half of the collections to the spouse who is not incapacitated. If both spouses are incapacitated, the guardian of either shall collect the payments, retain one-half of the principal and interest payments, and pay the other one-half to the guardian of the other spouse.

(d) The spouse of the incapacitated person shall collect all payments of rents on real estate held as an estate by the entirety and, after paying all charges against the property, such as taxes, insurance, maintenance, and repairs, shall retain one-half of the net rents so collected and pay the other one-half to the guardian of the spouse who is incapacitated. If both spouses are incapacitated, the guardian of the property of either may collect the rent, pay the charges, retain one-half of the net rent, and pay the other one-half to the guardian of the other spouse.

(2) In determining the value of life estates or remainder interests, the American Experience Mortality Tables may be used.

(3) Nothing in this section shall prohibit the court in its discretion from appointing a sole guardian to serve as guardian for both spouses.

(4) Any contingent or expectant interest in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety, may be conveyed or released in accordance with s. 744.447.

History.—s. 1, ch. 74-106; ss. 24, 26, ch. 75-222; s. 13, ch. 79-221; s. 3, ch. 87-317; s. 79, ch. 89-96; s. 56, ch. 90-271; s. 1103, ch. 97-102.

Note.—Created from former s. 745.15.

F.S. 744.457 on Google Scholar

F.S. 744.457 on Casetext

Amendments to 744.457

Arrestable Offenses / Crimes under Fla. Stat. 744.457

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 744.457.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ROMANO, D. v. OLSHEN, v. P. L. v. D., 153 So. 3d 912 (Fla. Dist. Ct. App. 2014)

. . . Section 744.457(l)(a), Florida Statutes (2012), provides that [a]ll legal or equitable interests in property . . . statute, an estranged spouse would be able to block payment of a ward’s necessary expenses under section 744.457 . . . See §§ 744.397(1), 744.457(l)(b), Fla. Stat. (2012). . . . Where the Spouse of the Ward Does Not Agree Although not crucial to the decision in this case, section 744.457 . . . spouse who is not incapacitated joins in the sale, transfer, conveyance, or mortgage of the property.” § 744.457 . . .

CLARKE, v. G. SCHIMMEL, A., 774 So. 2d 7 (Fla. Dist. Ct. App. 2000)

. . . distribute to her one-half of payments collected on certain intangible property pursuant to section 744.457 . . . The trial court concurred, ruling that section 744.457(1) applies only to property held as tenants by . . . the entireties, and therefore, subsection 744.457(l)(c) is only applicable to intangible property held . . . Clarke also argues that the term “securities” in subsection 744.457(l)(c) includes stocks. . . . Accordingly, we conclude that pursuant to section 744.457(l)(c), Mrs. . . .

FRANTZIS, v. COMPREHENSIVE PERSONAL CARE SERVICES, INC. In GUARDIANSHIP OF FRANTZIS,, 650 So. 2d 638 (Fla. Dist. Ct. App. 1995)

. . . The order under review is affirmed on authority of paragraph 744.457(l)(c), Florida Statutes (1993). . . .