reglab/housing_qa huggingface dataset:
FL Stat § 732.106 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.106 - Afterborn heirs.

732.106 Afterborn heirs.—Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent’s lifetime.History.—s. 1, ch. 74-106; s. 10, ch. 75-220; s. 6, ch. 77-87; s. 952, ch. 97-102.Note.—Created from former s. 731.11.
FL Stat § 732.107 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.107 - Escheat.

732.107 Escheat.—(1) When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the state.(2) Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund.(3) At any time within 10 years after the payment to the Chief Financial Officer, a person claiming to be entitled to the proceeds may reopen the administration to assert entitlement to the proceeds. If no claim is timely asserted, the state’s rights to the proceeds shall become absolute.(4) The Department of Legal Affairs shall represent the state in all proceedings concerning escheated estates.(5)(a) If a person entitled to the proceeds assigns the rights to receive payment to an attorney, Florida-certified public accountant, or private investigative agency which is duly licensed to do business in this state pursuant to a written agreement with that person, the Department of Financial Services is authorized to make distribution in accordance with the assignment.(b) Payments made to an attorney, Florida-certified public accountant, or private investigative agency shall be promptly deposited into a trust or escrow account which is regularly maintained by the attorney, Florida-certified public accountant, or private investigative agency in a financial institution authorized to accept such deposits and located in this state.(c) Distribution by the attorney, Florida-certified public accountant, or private investigative agency to the person entitled to the proceeds shall be made within 10 days following final credit of the deposit into the trust or escrow account at the financial institution, unless a party to the agreement protests the distribution in writing before it is made.(d) The department shall not be civilly or criminally liable for any proceeds distributed pursuant to this subsection, provided such distribution is made in good faith.History.—s. 1, ch. 74-106; s. 10, ch. 75-220; s. 4, ch. 89-291; s. 9, ch. 89-299; s. 953, ch. 97-102; s. 32, ch. 2001-36; s. 17, ch. 2001-226; s. 1896, ch. 2003-261.Note.—Created from former s. 731.33.
FL Stat § 732.108 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.108 - Adopted persons and persons born out of wedlock.

732.108 Adopted persons and persons born out of wedlock.—(1) For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent’s family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent’s family or any prior adoptive parent’s family, except that:(a) Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent’s family.(b) Adoption of a child by a natural parent’s spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent.(c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.(2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mother’s family. The person is also a descendant of his or her father and is one of the natural kindred of all members of the father’s family, if:(a) The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.(b) The paternity of the father is established by an adjudication before or after the death of the father. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph.(c) The paternity of the father is acknowledged in writing by the father.History.—s. 1, ch. 74-106; s. 11, ch. 75-220; s. 7, ch. 77-87; s. 1, ch. 77-174; s. 2, ch. 87-27; s. 954, ch. 97-102; s. 8, ch. 2007-74; s. 2, ch. 2009-115.Note.—Created from former ss. 731.29, 731.30.
FL Stat § 732.1081 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.1081 - Termination of parental rights.

732.1081 Termination of parental rights.—For the purpose of intestate succession by a natural or adoptive parent, a natural or adoptive parent is barred from inheriting from or through a child if the natural or adoptive parent’s parental rights were terminated pursuant to chapter 39 prior to the death of the child, and the natural or adoptive parent shall be treated as if the parent predeceased the child.History.—s. 4, ch. 2012-109.
FL Stat § 732.109 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.109 - Debts to decedent.

732.109 Debts to decedent.—A debt owed to the decedent shall not be charged against the intestate share of any person except the debtor. If the debtor does not survive the decedent, the debt shall not be taken into account in computing the intestate share of the debtor’s heirs.History.—s. 1, ch. 74-106; s. 11, ch. 75-220.Note.—Created from former s. 736.01.
FL Stat § 732.1101 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.1101 - Aliens.

732.1101 Aliens.—Aliens shall have the same rights of inheritance as citizens.History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 955, ch. 97-102; s. 18, ch. 2001-226.Note.—Created from former s. 731.28.
FL Stat § 732.111 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part I - Intestate Succession (Ss. 732.101-732.111)|732.111 - Dower and curtesy abolished.

732.111 Dower and curtesy abolished.—Dower and curtesy are abolished.History.—s. 1, ch. 74-106; s. 113, ch. 75-220.
FL Stat § 732.201 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.201 - Right to elective share.

732.201 Right to elective share.—The surviving spouse of a person who dies domiciled in Florida has the right to a share of the elective estate of the decedent as provided in this part, to be designated the elective share. The election does not reduce what the spouse receives if the election were not made and the spouse is not treated as having predeceased the decedent.History.—s. 1, ch. 74-106; s. 13, ch. 75-220; s. 1, ch. 99-343; s. 3, ch. 2016-189.Note.—Created from former s. 731.34.
FL Stat § 732.2045 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2045 - Exclusions and overlapping application.

732.2045 Exclusions and overlapping application.—(1) EXCLUSIONS.—Section 732.2035 does not apply to:(a) Except as provided in s. 732.2155(4), any transfer of property by the decedent to the extent the transfer is irrevocable before the effective date of this subsection or after that date but before the date of the decedent’s marriage to the surviving spouse.(b) Any transfer of property by the decedent to the extent the decedent received adequate consideration in money or money’s worth for the transfer.(c) Any transfer of property by the decedent made with the written consent of the decedent’s spouse. For this purpose, spousal consent to split-gift treatment under the United States gift tax laws does not constitute written consent to the transfer by the decedent.(d) The proceeds of any policy of insurance on the decedent’s life in excess of the net cash surrender value of the policy whether payable to the decedent’s estate, a trust, or in any other manner.(e) Any policy of insurance on the decedent’s life maintained pursuant to a court order.(f) The decedent’s one-half of the property to which ss. 732.216-732.228, or any similar provisions of law of another state, apply and real property that is community property under the laws of the jurisdiction where it is located.(g) Property held in a qualifying special needs trust on the date of the decedent’s death.(h) Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment.(i) Property which constitutes the protected homestead of the decedent if the surviving spouse validly waived his or her homestead rights as provided under s. 732.702, or otherwise under applicable law, and such spouse did not receive any interest in the protected homestead upon the decedent’s death.(2) OVERLAPPING APPLICATION.—If s. 732.2035(1) and any other subsection of s. 732.2035 apply to the same property interest, the amount included in the elective estate under other subsections is reduced by the amount included under subsection (1). In all other cases, if more than one subsection of s. 732.2035 applies to a property interest, only the subsection resulting in the largest elective estate shall apply.History.—s. 4, ch. 99-343; s. 21, ch. 2001-226; s. 4, ch. 2009-115; s. 3, ch. 2017-121.
FL Stat § 732.2055 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2055 - Valuation of the elective estate.

732.2055 Valuation of the elective estate.—For purposes of s. 732.2035, “value” means:(1)(a) In the case of protected homestead:1. If the surviving spouse receives a fee simple interest, the fair market value of the protected homestead on the date of the decedent’s death.2. If the spouse takes a life estate as provided in s. 732.401(1), or validly elects to take an undivided one-half interest as a tenant in common as provided in s. 732.401(2), one-half of the fair market value of the protected homestead on the date of the decedent’s death.3. If the surviving spouse validly waived his or her homestead rights as provided under s. 732.702 or otherwise under applicable law, but nevertheless receives an interest in the protected homestead, other than an interest described in s. 732.401, including an interest in trust, the value of the spouse’s interest is determined as property interests that are not protected homestead.(b) For purposes of this subsection, fair market value shall be calculated by deducting from the total value of the property all mortgages, liens, and security interests to which the protected homestead is subject and for which the decedent is liable, but only to the extent that such amount is not otherwise deducted as a claim paid or payable from the elective estate.(2) In the case of any policy of insurance on the decedent’s life includable under s. 732.2035(5), (6), or (7), the net cash surrender value of the policy immediately before the decedent’s death.(3) In the case of any policy of insurance on the decedent’s life includable under s. 732.2035(9), the net cash surrender value of the policy on the date of the termination or transfer.(4) In the case of amounts includable under s. 732.2035(8), the transfer tax value of the amounts on the date of the decedent’s death.(5) In the case of other property included under s. 732.2035(9), the fair market value of the property on the date of the termination or transfer, computed after deducting any mortgages, liens, or security interests on the property as of that date.(6) In the case of all other property, the fair market value of the property on the date of the decedent’s death, computed after deducting from the total value of the property:(a) All claims paid or payable from the elective estate; and(b) To the extent they are not deducted under paragraph (a), all mortgages, liens, or security interests on the property.History.—s. 5, ch. 99-343; s. 22, ch. 2001-226; s. 4, ch. 2017-121.
FL Stat § 732.2065 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2065 - Amount of the elective share.

732.2065 Amount of the elective share.—The elective share is an amount equal to 30 percent of the elective estate.History.—s. 15, ch. 75-220; s. 1, ch. 81-27; s. 6, ch. 99-343.Note.—Former s. 732.207.
FL Stat § 732.2105 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2105 - Effect of election on other interests.

732.2105 Effect of election on other interests.—The elective share shall be in addition to homestead, exempt property, and allowances as provided in part IV.History.—s. 15, ch. 75-220; s. 10, ch. 99-343; s. 26, ch. 2001-226.Note.—Former s. 732.208.
FL Stat § 732.2115 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2115 - Protection of payors and other third parties.

732.2115 Protection of payors and other third parties.—Although a property interest is included in the decedent’s elective estate under s. 732.2035(3)-(9), a payor or other third party is not liable for paying, distributing, or transferring the property to a beneficiary designated in a governing instrument, or for taking any other action in good faith reliance on the validity of a governing instrument.History.—s. 11, ch. 99-343; s. 8, ch. 2017-121.
FL Stat § 732.2125 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2125 - Right of election; by whom exercisable.

732.2125 Right of election; by whom exercisable.—The right of election may be exercised:(1) By the surviving spouse.(2) With approval of the court having jurisdiction of the probate proceeding by an attorney in fact or a guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime.History.—s. 15, ch. 75-220; s. 12, ch. 99-343; s. 27, ch. 2001-226; s. 6, ch. 2010-132.Note.—Former s. 732.210.
FL Stat § 732.2135 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2135 - Time of election; extensions; withdrawal.

732.2135 Time of election; extensions; withdrawal.—(1) Except as provided in subsection (2), the election must be filed on or before the earlier of the date that is 6 months after the date of service of a copy of the notice of administration on the surviving spouse, or an attorney in fact or guardian of the property of the surviving spouse, or the date that is 2 years after the date of the decedent’s death.(2) Within the period provided in subsection (1), or 40 days after the date of termination of any proceeding which affects the amount the spouse is entitled to receive under s. 732.2075(1), whichever is later, but no more than 2 years after the decedent’s death, the surviving spouse or an attorney in fact or guardian of the property of the surviving spouse may petition the court for an extension of time for making an election. For good cause shown, the court may extend the time for election. If the court grants the petition for an extension, the election must be filed within the time allowed by the extension.(3) The surviving spouse or an attorney in fact, guardian of the property, or personal representative of the surviving spouse may withdraw an election at any time within 8 months after the decedent’s death and before the court’s order of contribution.(4) A petition for an extension of the time for making the election or for approval to make the election shall toll the time for making the election.History.—s. 15, ch. 75-220; s. 13, ch. 99-343; s. 28, ch. 2001-226; s. 4, ch. 2006-134; s. 7, ch. 2009-115; s. 9, ch. 2017-121.Note.—Former s. 732.212.
FL Stat § 732.2145 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2145 - Order of contribution; personal representative’s duty to collect contribution.

732.2145 Order of contribution; personal representative’s duty to collect contribution.—(1) The court shall determine the elective share and contribution. Any amount of the elective share not satisfied within 2 years of the date of death of the decedent shall bear interest at the statutory rate until fully satisfied, even if an order of contribution has not yet been entered. Contributions shall bear interest at the statutory rate beginning 90 days after the order of contribution. The order is prima facie correct in proceedings in any court or jurisdiction.(2) Except as provided in subsection (3), the personal representative shall collect contribution from the recipients of the elective estate as provided in the court’s order of contribution.(a) If property within the possession or control of the personal representative is distributable to a beneficiary or trustee who is required to contribute in satisfaction of the elective share, the personal representative shall withhold from the distribution the contribution required of the beneficiary or trustee.(b) If, after the order of contribution, the personal representative brings an action to collect contribution from property not within the personal representative’s control, the judgment shall include the personal representative’s costs and reasonable attorney’s fees. The personal representative is not required to seek collection of any portion of the elective share from property not within the personal representative’s control until after the entry of the order of contribution.(3) A personal representative who has the duty under this section of enforcing contribution may be relieved of that duty by an order of the court finding that it is impracticable to enforce contribution in view of the improbability of obtaining a judgment or the improbability of collection under any judgment that might be obtained, or otherwise. The personal representative shall not be liable for failure to attempt collection if the attempt would have been economically impracticable.(4) Nothing in this section limits the independent right of the surviving spouse to collect the elective share as provided in the order of contribution, and that right is hereby conferred. If the surviving spouse brings an action to enforce the order, the judgment shall include the surviving spouse’s costs and reasonable attorney’s fees.History.—s. 14, ch. 99-343; s. 29, ch. 2001-226; s. 10, ch. 2017-121.
FL Stat § 732.2151 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2151 - Award of fees and costs in elective share proceedings.

732.2151 Award of fees and costs in elective share proceedings.—(1) The court may award taxable costs as in chancery actions, including attorney fees, in any proceeding under this part in which there is an objection to or dispute over:(a) The entitlement to or the amount of the elective share;(b) The property interests included in the elective estate, or its value; or(c) The satisfaction of the elective share.(2) When awarding taxable costs or attorney fees, the court may do one or more of the following:(a) Direct payment from the estate.(b) Direct payment from a party’s interest in the elective share or the elective estate.(c) Enter a judgment that can be satisfied from other property of the party.(3) In addition to any of the fees that may be awarded under subsections (1) and (2), if the personal representative does not file a petition to determine the amount of the elective share as required by the Florida Probate Rules, the electing spouse or the attorney in fact, guardian of the property, or personal representative of the electing spouse may be awarded from the estate reasonable costs, including attorney fees, incurred in connection with the preparation and filing of the petition.(4) This section applies to all proceedings commenced on or after July 1, 2017, without regard to the date of the decedent’s death.History.—s. 11, ch. 2017-121.
FL Stat § 732.2155 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)|732.2155 - Effective date; effect of prior waivers; transition rules.

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(c) The property was a nonmarital asset as defined in s. 61.075 immediately prior to the decedent’s death.History.—s. 15, ch. 99-343; s. 30, ch. 2001-226.