reglab/housing_qa huggingface dataset:
FL Stat § 727.107 (2021)
2021 Florida Statutes|Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments|Chapter 727 - General Assignments|727.107 - Duties of Assignor.

727.107 Duties of assignor.—The assignor shall:(1) Assist the assignee in the administration of the estate and comply with all orders of the court;(2) Upon delivery of the assignment to the assignee, deliver to the assignee all of the assets of the estate in the assignor’s possession, custody, or control, including, but not limited to, all accounts, books, papers, records, and other documents; and(3) Within 30 days after the filing date, submit to examination by the assignee, under oath, concerning the acts, conduct, assets, liabilities, and financial condition of the assignor or any matter related to the assignee’s administration of the estate.History.—s. 7, ch. 87-174.
FL Stat § 727.109 (2021)
2021 Florida Statutes|Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments|Chapter 727 - General Assignments|727.109 - Power of the Court.

727.109 Power of the court.—The court shall have power to:(1) Enforce all provisions of this chapter.(2) Set, approve, or reconsider the amount of the assignee’s bond.(3) Upon notice and a hearing, if requested, authorize the business of the assignor to be conducted by the assignee for longer than 45 calendar days, if in the best interest of the estate.(4) Allow or disallow claims against the estate and determine their priority and establish a deadline, upon motion by the assignee, for the filing of all claims against the assignment estate arising on or after the date on which the assignor’s petition for assignment was filed with the court. The deadline may not occur less than 30 days before notice is received by mail of the order establishing the deadline.(5) Determine any claims of exemption by the assignor, if disputed.(6) Authorize the assignee to reject an unexpired lease of nonresidential real property or of personal property under which the assignor is the lessee pursuant to s. 727.108(5).(7) Upon notice as provided under s. 727.111 to all creditors and consensual lienholders, hear and determine a motion brought by the assignee for approval of a proposed sale of assets of the estate other than in the ordinary course of business, or the compromise or settlement of a controversy, and enter an order granting such motion notwithstanding the lack of objection if the assignee reasonably believes that such order is necessary to proceed with the action contemplated by the motion.(8) Hear and determine any of the following actions brought by the assignee, which she or he is empowered to maintain:(a) Enforce the turnover of assets of the estate pursuant to s. 727.106.(b) Determine the validity, priority, and extent of a lien or other interests in assets of the estate, or to subordinate or avoid an unperfected security interest pursuant to the assignee’s rights as a lien creditor under s. 679.3171.(c) Avoid any conveyance or transfer void or voidable by law.(9) Approve the assignee’s final report and interim and final distributions to creditors.(10) Approve reasonable fees and the reimbursement of expenses for the assignee and all professional persons retained by the assignee, upon objection of a party in interest or upon the court’s own motion.(11) Hear and determine any motion brought by a party in interest or by the court to close the estate after the passage of 1 year from the date of filing of the petition.(12) Discharge the assignee and the assignee’s surety from liability upon matters included in the assignee’s final report.(13) Reopen estates for cause shown.(14) Punish by contempt any failure to comply with the provisions of this chapter or any order of the court made pursuant to this chapter.(15) Exercise any other powers that are necessary to enforce or carry out the provisions of this chapter.History.—s. 9, ch. 87-174; s. 942, ch. 97-102; s. 146, ch. 2007-5; s. 7, ch. 2007-185; s. 4, ch. 2013-244.
FL Stat § 727.110 (2021)
2021 Florida Statutes|Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments|Chapter 727 - General Assignments|727.110 - Actions by Assignee and Other Parties in Interest.

727.110 Actions by assignee and other parties in interest.—(1) All matters requiring court authorization under this chapter shall be brought by motion, except for the following matters, which shall be brought by supplemental proceeding, as provided in subsection (2):(a) An action by the assignee to recover money or other assets of the estate;(b) An action by the assignee to determine the validity, priority, or extent of a lien or other interest in property or to subordinate or avoid an unperfected security interest under s. 727.109(8)(b); and(c) An action by the assignee to avoid any conveyance or transfer void or voidable by law under s. 727.109(8)(c).(2) A supplemental proceeding is an action of the type designated in paragraphs (1)(a), (b), and (c) and shall be brought as follows:(a) The Florida Rules of Civil Procedure shall apply to supplemental proceedings, except where inconsistent with the provisions of this chapter.(b) The clerk of the court shall docket a supplemental proceeding under both the same case number assigned to the original petition filed by the assignee pursuant to s. 727.104 and a separate supplemental proceeding number, and shall assign such supplemental proceeding to the same division and judge assigned to the main case.(c) All pleadings and other papers filed in a supplemental proceeding shall contain a separate subcaption and the supplemental proceeding number in addition to the caption and case number applicable to the main case.(3) As to an assignee’s rejection of an unexpired lease of nonresidential real property or of personal property, as provided under ss. 727.108(5) and 727.109(6):(a) The assignee shall file a notice of rejection with the court and serve a copy on the owner or lessor of the affected property and, for personal property, on the landlord of the premises on which the property is located. A notice of rejection relating to personal property must identify the affected property, the address at which the affected property is located, the name and telephone number of the person in possession of the affected property, and the deadline for removal of the affected property.(b) The effective date of the rejection is the date of entry of a court order authorizing such rejection.(c) If the lessor of the affected property fails to take possession thereof after notice of the rejection, the estate’s rights and obligations to and liability for the property terminate upon the effective date of the rejection.History.—s. 10, ch. 87-174; s. 8, ch. 2007-185; s. 5, ch. 2013-244.
FL Stat § 727.112 (2021)
2021 Florida Statutes|Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments|Chapter 727 - General Assignments|727.112 - Proof of Claim.

727.112 Proof of claim.—(1) All claims other than claims of creditors with liens on assets of the estate, whether contingent, liquidated, unliquidated, or disputed, which arose prior to the filing date, must be filed in accordance with the provisions of this chapter, and any such claim not so filed is barred from any further recovery against the estate.(2) Claims shall be filed by delivering the claim to the assignee within 120 days from the filing date unless for cause shown.(3) Claims shall be in written form entitled “proof of claim,” setting forth the name and address of the creditor and the nature and amount of the claim, and executed by the creditor or the creditor’s authorized agent.(4) When a claim or an interest in property of the assignor securing the claim is based on a writing, the original or a copy of such writing shall be filed with the proof of claim, together with evidence of perfection of any security interest, if applicable.(5) A proof of claim, executed and delivered in accordance with this section, shall constitute prima facie evidence of the validity and amount of the claim.(6) If a claim for damages results from the assignee’s rejection of a lease of real property, the claim shall be limited to:(a) The rent reserved by such lease, without acceleration, for the greater of 1 year or 15 percent of the remaining term of the lease, following the earlier of the date of assignment or the date on which the lessor repossessed, or the lessee surrendered, the leased property; and(b)1. Any unpaid rent due under the lease, without acceleration, on the earlier of the dates specified in paragraph (a);2. Reasonable attorney’s fees and costs incurred by the lessor in connection with the lease; and3. The lessor’s reasonable costs incurred in reletting the premises previously leased by the assignor.(7) If a claim for damages results from the termination of an employment contract, the claim shall be limited to:(a) The compensation provided by the contract, without acceleration, for 1 year following the earlier of the date of assignment or the date on which the assignor or assignee, as applicable, directed the employee to terminate, or such employee terminated, performance under the contract; and(b) Any unpaid compensation due under the contract, without acceleration, on the earlier of the dates specified in paragraph (a).History.—s. 12, ch. 87-174; s. 10, ch. 2007-185.
FL Stat § 727.113 (2021)
2021 Florida Statutes|Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments|Chapter 727 - General Assignments|727.113 - Objections to Claims.

727.113 Objections to claims.—(1) At any time before the entry of an order approving the assignee’s final report, the assignee or any party in interest may file with the court an objection to a claim, which objection must be in writing and set forth the nature of the objection, and shall serve a copy thereof on the creditor at the address provided in the proof of claim, and to the assignee and the assignee’s attorney, if any. The objection may be served on negative notice. All claims properly filed with the assignee and not disallowed by the court constitute all claims entitled to distribution from the estate.(2) Following expiration of the claims bar date, the assignee shall create a register of all creditors that have filed claims against the assignor’s estate and shall make the register available upon request to any creditor or other party in interest.(3) The assignee, as well as any creditor or any party in interest, has standing to challenge the validity, extent, or priority of any claim filed by a creditor against the assignor’s estate.(4) A creditor whose claim is secured by a lien against property of the estate has 60 days following the sale or disposition of the property securing his or her claim to file a claim for an unsecured deficiency, notwithstanding the passage of the last date in which a proof of claim may be served upon the assignee set forth in s. 727.112(2). If such a creditor fails to file with the assignee a deficiency claim within 10 days after the filing and service by mail of the assignee’s final report of all receipts and disbursements, the creditor’s deficiency claim shall be disallowed as untimely, and the creditor is not entitled to share in any distribution made to holders of unsecured claims under s. 727.114(1)(f) on account of its deficiency claim.(5) The discovery provisions of the Florida Rules of Civil Procedure apply to objections to claims in all cases pending on July 1, 2013, or filed thereafter.History.—s. 13, ch. 87-174; s. 11, ch. 2007-185; s. 7, ch. 2013-244.
FL Stat § 727.115 (2021)
2021 Florida Statutes|Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments|Chapter 727 - General Assignments|727.115 - Resignation or Removal of Assignee.

727.115 Resignation or removal of assignee.—(1) The court shall remove or replace the assignee on application of the assignor, of the assignee, or of any creditor, or on its own motion, if the assignee has not executed and filed the bond required by s. 727.104(2); if the assignee resigns, refuses, or fails to serve for any reason; or for good cause.(2) Upon removal, resignation, or death of the assignee, the court shall appoint a replacement assignee if the court deems in its discretion that further administration of the estate is required. Upon executing and filing a bond pursuant to s. 727.104(2), the replacement assignee shall forthwith take possession of the estate and assume her or his duties as assignee.(3) Whenever the court shall be satisfied that the assignee so removed or replaced has fully accounted for and turned over to the replacement assignee appointed by the court all of the property of the estate and has filed a report of all receipts and disbursements during her or his tenure as assignee, the court shall enter an order discharging the assignee from all further duties, liabilities, and responsibilities as assignee after notice and a hearing.History.—s. 15, ch. 87-174; s. 944, ch. 97-102.
FL Stat § 727.116 (2021)
2021 Florida Statutes|Title XLI - Statute of Frauds, Fraudulent Transfers, and General Assignments|Chapter 727 - General Assignments|727.116 - Assignee’s Final Report and Discharge.

727.116 Assignee’s final report and discharge.—(1) Upon distribution of all assets of the estate, the assignee shall petition the court for his or her discharge upon notice and a hearing in accordance with s. 727.111(5).(2) The assignee’s final report setting forth all receipts and disbursements of the estate shall be annexed to the petition for discharge and filed with the court.(3) Upon approval of the final report, the court shall discharge the assignee and release his or her bond.(4) The assignee’s discharge shall have the effect of releasing him or her from any duties, liabilities, and responsibilities as assignee pursuant to the provisions of the assignment and this chapter.History.—s. 16, ch. 87-174; s. 945, ch. 97-102.
FL Stat § 738.101 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 738 - Principal and Income|738.101 - Short Title.

738.101 Short title.—This chapter may be cited as the “Florida Uniform Principal and Income Act.”History.—s. 1, ch. 2002-42.
FL Stat § 738.103 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 738 - Principal and Income|738.103 - Fiduciary Duties; General Principles.

738.103 Fiduciary duties; general principles.—(1) In allocating receipts and disbursements to or between principal and income, and with respect to any matter within the scope of ss. 738.201 and 738.202 and ss. 738.301-738.303, a fiduciary:(a) Shall administer a trust or estate in accordance with the terms of the trust or the will, even if there is a different provision in this chapter.(b) May administer a trust or estate by the exercise of a discretionary power of administration given to the fiduciary by the terms of the trust or the will, even if the exercise of the power produces a result different from a result required or permitted by this chapter.(c) Shall administer a trust or estate in accordance with this chapter if the terms of the trust or the will do not contain a different provision or do not give the fiduciary a discretionary power of administration.(d) Shall add a receipt or charge a disbursement to principal to the extent the terms of the trust and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income.(2) In exercising the power to adjust under s. 738.104(1) or a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the terms of a trust, a will, or this chapter, a fiduciary shall administer a trust or estate impartially, based on what is fair and reasonable to all of the beneficiaries, except to the extent the terms of the trust or the will clearly manifest an intention that the fiduciary shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries.(3) Except as provided in s. 738.1041(9), this chapter pertains to the administration of a trust and is applicable to any trust that is administered in this state or under its law. This chapter also applies to any estate that is administered in this state unless the provision is limited in application to a trustee, rather than a fiduciary.History.—s. 1, ch. 2002-42; s. 3, ch. 2012-49.
FL Stat § 738.301 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 738 - Principal and Income|738.301 - When Right to Income Begins and Ends.

738.301 When right to income begins and ends.—An income beneficiary is entitled to net income from the date on which the income interest begins.(1) An income interest begins on the date specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to a trust or successive income interest.(2) An asset becomes subject to a trust:(a) On the date the asset is transferred to the trust in the case of an asset that is transferred to a trust during the transferor’s life;(b) On the date of a testator’s death in the case of an asset that becomes subject to a trust by reason of a will, even if there is an intervening period of administration of the testator’s estate; or(c) On the date of an individual’s death in the case of an asset that is transferred to a fiduciary by a third party because of the individual’s death.(3) An asset becomes subject to a successive income interest on the day after the preceding income interest ends, as determined under subsection (4), even if there is an intervening period of administration to wind up the preceding income interest.(4) An income interest ends on the day before an income beneficiary dies or another terminating event occurs, or on the last day of a period during which there is no beneficiary to whom a fiduciary may distribute income.History.—s. 1, ch. 2002-42; s. 9, ch. 2012-49.
FL Stat § 738.302 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 738 - Principal and Income|738.302 - Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins.

738.302 Apportionment of receipts and disbursements when decedent dies or income interest begins.—(1) A fiduciary shall allocate an income receipt or disbursement other than one to which s. 738.201(1) applies to principal if the due date of the receipt or disbursement occurs before a decedent dies in the case of an estate or before an income interest begins in the case of a trust or successive income interest.(2) A fiduciary shall allocate an income receipt or disbursement to income if the due date of the receipt or disbursement occurs on or after the date on which a decedent dies or an income interest begins and the due date is a periodic due date. An income receipt or disbursement shall be treated as accruing from day to day if the due date of the receipt or disbursement is not periodic or the receipt or disbursement has no due date. The portion of the receipt or disbursement accruing before the date on which a decedent dies or an income interest begins shall be allocated to principal and the balance shall be allocated to income.(3) An item of income or an obligation is due on the date the payor is required to make a payment. If a payment date is not stated, there is no due date for the purposes of this chapter. Distributions to shareholders or other owners from an entity to which s. 738.401 applies are deemed to be due on the date fixed by the entity for determining who is entitled to receive the distribution or, if no date is fixed, on the declaration date for the distribution. A due date is periodic for receipts or disbursements that shall be paid at regular intervals under a lease or an obligation to pay interest or if an entity customarily makes distributions at regular intervals.(4) Nothing in this section shall prevent the application of s. 733.817 to apportion tax to the income recipient under this section.History.—s. 1, ch. 2002-42; s. 10, ch. 2012-49.
FL Stat § 738.303 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 738 - Principal and Income|738.303 - Apportionment When Income Interest Ends.

738.303 Apportionment when income interest ends.—(1) For purposes of this section, “undistributed income” means net income received on or before the date on which an income interest ends. The term does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added to principal under the terms of the trust. In the case of a trust being administered as a unitrust under s. 738.1041, the term “undistributed income” means the prorated unitrust amount computed on a daily basis through the date on which the income interest ends.(2) When a mandatory income interest ends, the fiduciary shall pay to a mandatory income beneficiary who survives that date, or the estate of a deceased mandatory income beneficiary whose death causes the interest to end, the beneficiary’s share of the undistributed income that is not disposed of under the terms of the trust unless the beneficiary has an unqualified power to revoke more than 5 percent of the trust immediately before the income interest ends. In the latter case, the undistributed income from the portion of the trust that may be revoked shall be added to principal.(3) When a fiduciary’s obligation to pay a fixed annuity or a fixed fraction of the value of the trust’s assets ends, the fiduciary shall prorate the final payment if and to the extent required by applicable law to accomplish a purpose of the trust or its grantor relating to income, gift, estate, or other tax requirements.History.—s. 1, ch. 2002-42; s. 7, ch. 2005-85; s. 11, ch. 2012-49.
FL Stat § 738.402 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 738 - Principal and Income|738.402 - Distribution From Trust or Estate.

738.402 Distribution from trust or estate.—A fiduciary shall allocate to income an amount received as a distribution of income from a trust or an estate in which the trust has an interest other than a purchased interest and allocate to principal an amount received as a distribution of principal from such a trust or estate. If a fiduciary purchases an interest in a trust that is an investment entity, or a decedent or donor transfers an interest in such a trust to a fiduciary, s. 738.401 or s. 738.608 applies to a receipt from the trust.History.—s. 1, ch. 2002-42; s. 13, ch. 2012-49.