reglab/housing_qa huggingface dataset:
FL Stat § 732.606 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VI - Rules of Construction (Ss. 732.6005-732.616)|732.606 - Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.

732.606 Nonademption of specific devises in certain cases; sale by guardian of the property; unpaid proceeds of sale, condemnation, or insurance.—(1) If specifically devised property is sold by a guardian of the property or if a condemnation award or insurance proceeds are paid to a guardian of the property, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the condemnation award, or the insurance proceeds. This subsection does not apply if, subsequent to the sale, condemnation, or casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by 1 year. The right of the specific devisee under this subsection is reduced by any right described in subsection (2).(2) A specific devisee has the right to the remaining specifically devised property and:(a) Any balance of the purchase price owing from a purchaser to the testator at death because of sale of the property plus any security interest.(b) Any amount of a condemnation award for the taking of the property unpaid at death.(c) Any proceeds unpaid at death on fire or casualty insurance on the property.(d) Property owned by the testator at death as a result of foreclosure, or obtained instead of foreclosure, of the security for the specifically devised obligation.History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 969, ch. 97-102; s. 54, ch. 2001-226.
FL Stat § 732.607 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VI - Rules of Construction (Ss. 732.6005-732.616)|732.607 - Exercise of power of appointment.

732.607 Exercise of power of appointment.—A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to include the property subject to the power.History.—s. 1, ch. 74-106; s. 38, ch. 75-220.
FL Stat § 732.608 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VI - Rules of Construction (Ss. 732.6005-732.616)|732.608 - Construction of terms.

732.608 Construction of terms.—The laws used to determine paternity and relationships for the purposes of intestate succession apply when determining whether class gift terminology and terms of relationship include adopted persons and persons born out of wedlock.History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 10, ch. 2010-132.
FL Stat § 732.609 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VI - Rules of Construction (Ss. 732.6005-732.616)|732.609 - Ademption by satisfaction.

732.609 Ademption by satisfaction.—Property that a testator gave to a person in the testator’s lifetime is treated as a satisfaction of a devise to that person, in whole or in part, only if the will provides for deduction of the lifetime gift, the testator declares in a contemporaneous writing that the gift is to be deducted from the devise or is in satisfaction of the devise, or the devisee acknowledges in writing that the gift is in satisfaction. For purposes of part satisfaction, property given during the testator’s lifetime is valued at the time the devisee came into possession or enjoyment of the property or at the time of the death of the testator, whichever occurs first.History.—s. 1, ch. 74-106; s. 38, ch. 75-220.
FL Stat § 732.611 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VI - Rules of Construction (Ss. 732.6005-732.616)|732.611 - Devises to multigeneration classes to be per stirpes.

732.611 Devises to multigeneration classes to be per stirpes.—Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes.History.—s. 1, ch. 74-106; s. 38, ch. 75-220; s. 35, ch. 2006-217.
FL Stat § 732.615 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VI - Rules of Construction (Ss. 732.6005-732.616)|732.615 - Reformation to correct mistakes.

732.615 Reformation to correct mistakes.—Upon application of any interested person, the court may reform the terms of a will, even if unambiguous, to conform the terms to the testator’s intent if it is proved by clear and convincing evidence that both the accomplishment of the testator’s intent and the terms of the will were affected by a mistake of fact or law, whether in expression or inducement. In determining the testator’s original intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will.History.—s. 3, ch. 2011-183.
FL Stat § 732.616 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VI - Rules of Construction (Ss. 732.6005-732.616)|732.616 - Modification to achieve testator’s tax objectives.

732.616 Modification to achieve testator’s tax objectives.—Upon application of any interested person, to achieve the testator’s tax objectives the court may modify the terms of a will in a manner that is not contrary to the testator’s probable intent. The court may provide that the modification has retroactive effect.History.—s. 4, ch. 2011-183.
FL Stat § 732.701 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VII - Contractual Arrangements Relating to Death (Ss. 732.701-732.703)|732.701 - Agreements concerning succession.

732.701 Agreements concerning succession.—(1) No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses. Such an agreement executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where the agreement was executed, whether or not the agreeing party is a Florida resident at the time of death.(2) The execution of a joint will or mutual wills neither creates a presumption of a contract to make a will nor creates a presumption of a contract not to revoke the will or wills.History.—s. 1, ch. 74-106; s. 39, ch. 75-220; s. 55, ch. 2001-226.Note.—Created from former s. 731.051.
FL Stat § 732.702 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VII - Contractual Arrangements Relating to Death (Ss. 732.701-732.703)|732.702 - Waiver of spousal rights.

732.702 Waiver of spousal rights.—(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses. The requirement of witnesses shall be applicable only to contracts, agreements, or waivers signed by Florida residents after the effective date of this law. Any contract, agreement, or waiver executed by a nonresident of Florida, either before or after this law takes effect, is valid in this state if valid when executed under the laws of the state or country where it was executed, whether or not he or she is a Florida resident at the time of death. Unless the waiver provides to the contrary, a waiver of “all rights,” or equivalent language, in the property or estate of a present or prospective spouse, or a complete property settlement entered into after, or in anticipation of, separation, dissolution of marriage, or divorce, is a waiver of all rights to elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate, by the waiving party in the property of the other and a renunciation by the waiving party of all benefits that would otherwise pass to the waiving party from the other by intestate succession or by the provisions of any will executed before the written contract, agreement, or waiver.(2) Each spouse shall make a fair disclosure to the other of that spouse’s estate if the agreement, contract, or waiver is executed after marriage. No disclosure shall be required for an agreement, contract, or waiver executed before marriage.(3) No consideration other than the execution of the agreement, contract, or waiver shall be necessary to its validity, whether executed before or after marriage.History.—s. 1, ch. 74-106; s. 39, ch. 75-220; s. 14, ch. 77-87; s. 56, ch. 2001-226.
FL Stat § 732.7025 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VII - Contractual Arrangements Relating to Death (Ss. 732.701-732.703)|732.7025 - Waiver of homestead rights through deed.

732.7025 Waiver of homestead rights through deed.—(1) A spouse waives his or her rights as a surviving spouse with respect to the devise restrictions under s. 4(c), Art. X of the State Constitution if the following or substantially similar language is included in a deed:“By executing or joining this deed, I intend to waive homestead rights that would otherwise prevent my spouse from devising the homestead property described in this deed to someone other than me.”(2) The waiver language in subsection (1) may not be considered a waiver of the protection against the owner’s creditor claims during the owner’s lifetime and after death. Such language may not be considered a waiver of the restrictions against alienation by mortgage, sale, gift, or deed without the joinder of the owner’s spouse.History.—s. 1, ch. 2018-22.
FL Stat § 732.802 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VIII - General Provisions (Ss. 732.802-732.806)|732.802 - Killer not entitled to receive property or other benefits by reason of victim’s death.

732.802 Killer not entitled to receive property or other benefits by reason of victim’s death.—(1) A surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent. Property appointed by the will of the decedent to or for the benefit of the killer passes as if the killer had predeceased the decedent.(2) Any joint tenant who unlawfully and intentionally kills another joint tenant thereby effects a severance of the interest of the decedent so that the share of the decedent passes as the decedent’s property and the killer has no rights by survivorship. This provision applies to joint tenancies with right of survivorship and tenancies by the entirety in real and personal property; joint and multiple-party accounts in banks, savings and loan associations, credit unions, and other institutions; and any other form of co-ownership with survivorship incidents.(3) A named beneficiary of a bond, life insurance policy, or other contractual arrangement who unlawfully and intentionally kills the principal obligee or the person upon whose life the policy is issued is not entitled to any benefit under the bond, policy, or other contractual arrangement; and it becomes payable as though the killer had predeceased the decedent.(4) Any other acquisition of property or interest by the killer, including a life estate in homestead property, shall be treated in accordance with the principles of this section.(5) A final judgment of conviction of murder in any degree is conclusive for purposes of this section. In the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional for purposes of this section.(6) This section does not affect the rights of any person who, before rights under this section have been adjudicated, purchases from the killer for value and without notice property which the killer would have acquired except for this section, but the killer is liable for the amount of the proceeds or the value of the property. Any insurance company, bank, or other obligor making payment according to the terms of its policy or obligation is not liable by reason of this section unless prior to payment it has received at its home office or principal address written notice of a claim under this section.History.—s. 1, ch. 74-106; s. 113, ch. 75-220; s. 1, ch. 82-71.Note.—Created from former s. 731.31.
FL Stat § 732.804 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part VIII - General Provisions (Ss. 732.802-732.806)|732.804 - Provisions relating to disposition of the body.

732.804 Provisions relating to disposition of the body.—Before issuance of letters, any person may carry out written instructions of the decedent relating to the decedent’s body and funeral and burial arrangements. The fact that cremation occurred pursuant to a written direction signed by the decedent that the body be cremated is a complete defense to a cause of action against any person acting or relying on that direction.History.—s. 1, ch. 74-106; s. 43, ch. 75-220; s. 971, ch. 97-102; s. 58, ch. 2001-226.
FL Stat § 732.901 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 732 - Probate Code: Intestate Succession and Wills|Part IX - Production of Wills (S. 732.901)|732.901 - Production of wills.

732.901 Production of wills.—(1) The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead. The custodian must supply the testator’s date of death or the last four digits of the testator’s social security number to the clerk upon deposit.(2) Upon petition and notice, the custodian of any will may be compelled to produce and deposit the will. All costs, damages, and a reasonable attorney’s fee shall be adjudged to petitioner against the delinquent custodian if the court finds that the custodian had no just or reasonable cause for failing to deposit the will.(3) An original will submitted to the clerk with a petition or other pleading is deemed to have been deposited with the clerk.(4) Upon receipt, the clerk shall retain and preserve the original will in its original form for at least 20 years. If the probate of a will is initiated, the original will may be maintained by the clerk with the other pleadings during the pendency of the proceedings, but the will must at all times be retained in its original form for the remainder of the 20-year period whether or not the will is admitted to probate or the proceedings are terminated. Transforming and storing a will on film, microfilm, magnetic, electronic, optical, or other substitute media or recording a will onto an electronic recordkeeping system, whether or not in accordance with the standards adopted by the Supreme Court of Florida, or permanently recording a will does not eliminate the requirement to preserve the original will.(5) For purposes of this section, the term “will” includes a separate writing as described in s. 732.515.History.—s. 1, ch. 74-106; s. 44, ch. 75-220; s. 18, ch. 92-200; s. 972, ch. 97-102; s. 59, ch. 2001-226; s. 8, ch. 2013-172.Note.—Created from former s. 732.22.
FL Stat § 733.101 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part I - General Provisions (Ss. 733.101-733.109)|733.101 - Venue of probate proceedings.

733.101 Venue of probate proceedings.—(1) The venue for probate of wills and granting letters shall be:(a) In the county in this state where the decedent was domiciled.(b) If the decedent had no domicile in this state, then in any county where the decedent’s property is located.(c) If the decedent had no domicile in this state and possessed no property in this state, then in the county where any debtor of the decedent resides.(2) For the purpose of this section, a married woman whose husband is an alien or a nonresident of Florida may establish or designate a separate domicile in this state.(3) Whenever a proceeding is filed laying venue in an improper county, the court may transfer the action in the same manner as provided in the Florida Rules of Civil Procedure. Any action taken by the court or the parties before the transfer is not affected by the improper venue.History.—s. 1, ch. 74-106; s. 46, ch. 75-220; s. 981, ch. 97-102; s. 78, ch. 2001-226.Note.—Created from former s. 732.06.
FL Stat § 733.103 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part I - General Provisions (Ss. 733.101-733.109)|733.103 - Effect of probate.

733.103 Effect of probate.—(1) Until admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator.(2) In any collateral action or proceeding relating to devised property, the probate of a will in Florida shall be conclusive of its due execution; that it was executed by a competent testator, free of fraud, duress, mistake, and undue influence; and that the will was unrevoked on the testator’s death.History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 17, ch. 77-87; s. 1, ch. 77-174; s. 79, ch. 2001-226.Note.—Created from former s. 732.26.
FL Stat § 733.104 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part I - General Provisions (Ss. 733.101-733.109)|733.104 - Suspension of statutes of limitation in favor of the personal representative.

733.104 Suspension of statutes of limitation in favor of the personal representative.—(1) If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, the action may be commenced by that person’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death.(2) If a person against whom a cause of action exists dies before the expiration of the time limited for commencement of the action and the cause of action survives, if a claim is timely filed, the expiration of the time limited for commencement of the action shall not apply.History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 1, ch. 77-174; s. 982, ch. 97-102; s. 80, ch. 2001-226.Note.—Created from former s. 734.27.
FL Stat § 733.105 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part I - General Provisions (Ss. 733.101-733.109)|733.105 - Determination of beneficiaries.

733.105 Determination of beneficiaries.—(1) When property passes by intestate succession or the will is unclear and there is doubt about:(a) Who is entitled to receive any part of the property, or(b) The shares and amounts that any person is entitled to receive,any interested person may petition the court to determine beneficiaries or their shares.(2) Any personal representative who makes distribution or takes any other action pursuant to an order determining beneficiaries shall be fully protected.(3) A separate civil action to determine beneficiaries may be brought when an estate has not been administered.History.—s. 1, ch. 74-106; s. 48, ch. 75-220; s. 226, ch. 77-104; s. 1, ch. 77-174; s. 983, ch. 97-102; s. 81, ch. 2001-226.Note.—Created from former s. 734.25.
FL Stat § 733.106 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part I - General Provisions (Ss. 733.101-733.109)|733.106 - Costs and attorney fees.

733.106 Costs and attorney fees.—(1) In all probate proceedings, costs may be awarded as in chancery actions.(2) A person nominated as personal representative, or any proponent of a will if the person so nominated does not act within a reasonable time, if in good faith justified in offering the will in due form for probate, shall receive costs and attorney fees from the estate even though probate is denied or revoked.(3) Any attorney who has rendered services to an estate may be awarded reasonable compensation from the estate.(4) If costs and attorney fees are to be paid from the estate under this section, s. 733.6171(4), s. 736.1005, or s. 736.1006, the court, in its discretion, may direct from what part of the estate they shall be paid.(a) If the court directs an assessment against a person’s part of the estate and such part is insufficient to fully pay the assessment, the court may direct payment from the person’s part of a trust, if any, if a pour-over will is involved and the matter is interrelated with the trust.(b) All or any part of the costs and attorney fees to be paid from the estate may be assessed against one or more persons’ part of the estate in such proportions as the court finds to be just and proper.(c) In the exercise of its discretion, the court may consider the following factors:1. The relative impact of an assessment on the estimated value of each person’s part of the estate.2. The amount of costs and attorney fees to be assessed against a person’s part of the estate.3. The extent to which a person whose part of the estate is to be assessed, individually or through counsel, actively participated in the proceeding.4. The potential benefit or detriment to a person’s part of the estate expected from the outcome of the proceeding.5. The relative strength or weakness of the merits of the claims, defenses, or objections, if any, asserted by a person whose part of the estate is to be assessed.6. Whether a person whose part of the estate is to be assessed was a prevailing party with respect to one or more claims, defenses, or objections.7. Whether a person whose part of the estate is to be assessed unjustly caused an increase in the amount of costs and attorney fees incurred by the personal representative or another interested person in connection with the proceeding.8. Any other relevant fact, circumstance, or equity.(d) The court may assess a person’s part of the estate without finding that the person engaged in bad faith, wrongdoing, or frivolousness.History.—s. 1, ch. 74-106; s. 49, ch. 75-220; s. 984, ch. 97-102; s. 82, ch. 2001-226; s. 1, ch. 2015-27.Note.—Created from former s. 732.14.
FL Stat § 733.1061 (2021)
2021 Florida Statutes|Title XLII - Estates and Trusts|Chapter 733 - Probate Code: Administration of Estates|Part I - General Provisions (Ss. 733.101-733.109)|733.1061 - Fees and costs; will reformation and modification.

733.1061 Fees and costs; will reformation and modification.—(1) In a proceeding arising under s. 732.615 or s. 732.616, the court shall award taxable costs as in chancery actions, including attorney’s fees and guardian ad litem fees.(2) When awarding taxable costs, including attorney’s fees and guardian ad litem fees, under this section, the court in its discretion may direct payment from a party’s interest, if any, in the estate or enter a judgment which may be satisfied from other property of the party, or both.History.—s. 5, ch. 2011-183.