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Florida Statute 732.606 | Lawyer Caselaw & Research
F.S. 732.606 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 732
PROBATE CODE: INTESTATE SUCCESSION AND WILLS
View Entire Chapter
F.S. 732.606
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.

F.S. 732.606 on Google Scholar

F.S. 732.606 on Casetext

Amendments to 732.606


Arrestable Offenses / Crimes under Fla. Stat. 732.606
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 732.606.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BASILE v. ALDRICH, In, 70 So. 3d 682 (Fla. Dist. Ct. App. 2011)

. . . section 732.604 (“Failure of testamentary provision”), section 732.605 (“Change in securities”), section 732.606 . . .

In ESTATE OF V. PADGETT, Sr. V. PADGETT, Jr. v. PADGETT, V. Sr., 547 So. 2d 342 (Fla. Dist. Ct. App. 1989)

. . . same as a devise of the property subject to the option within the meaning of sections 731.201(8) and 732.606 . . . provision created a specific devise, appellant still would not be able to recover anything under Section 732.606 . . . Section 732.606 (Florida's nonademption statute) provides in part: (2) A specific devisee has the right . . .

In ESTATE OF J. JONES, HALL, v. C. JONES, J., 472 So. 2d 1299 (Fla. Dist. Ct. App. 1985)

. . . . § 732.606, Fla.Stat. (1981). . . .

CENTURY NATIONAL BANK OF BROWARD, v. A. BRYAN, III, H. BRYAN, Sr. v. A. BRYAN, III, P., 468 So. 2d 243 (Fla. Dist. Ct. App. 1985)

. . . Wilson, 399 So.2d 498 (Fla. 5th DCA 1981), which held that section 732.606(1), Florida Statutes (1979 . . .

OTT, v. OTT,, 418 So. 2d 460 (Fla. Dist. Ct. App. 1982)

. . . Section 732.606 reads: 732.606 Nonademption of specific devises in certain cases; sale by guardian of . . . wording of the statute, resolution of this issue is aided by an examination of the background of section 732.606 . . . If the intention of the legislature in adopting section 732.606 was to follow the lead of the Uniform . . . Wilson, 399 So.2d 498 (Fla. 5th DCA 1981), the Fifth District observed: “To give effect to Section 732.606 . . .

C. OWEN, v. WILSON, W. Jr. F. S., 399 So. 2d 498 (Fla. Dist. Ct. App. 1981)

. . . The main issue is whether Florida’s nonademption statute, section 732.606, Florida Statutes (1979), applies . . . After due objections and amendments, the trial court concluded that section 732.606(1), did not apply . . . The trial court erred in finding that prior case law determined the applicability of section 732.606. . . . To give effect to section 732.606, any unpaid proceeds of specific devises are to be paid to the devisee . . . Sec. 732.606(1), Fla.Stat. (1979). The Florida Probate Code does not define “guardian.” . . .

GANIER, DOOLAN, v. F. GANIER,, 402 So. 2d 418 (Fla. Dist. Ct. App. 1981)

. . . . § 732.606(1), Fla.Stat. (1979). . . . .

DOBSON, v. K. LAWSON,, 370 So. 2d 1238 (Fla. Dist. Ct. App. 1979)

. . . Appellant argues that the foregoing statute is not applicable to a sale with deferred payments because § 732.606 . . . This statute appears to control unless it is modified by the immediately preceding subsection (1) of § 732.606 . . . Simon, 1977, 12.09, page 177, in footnote 4 relating to ademption under § 732.606(2)(a) stating as follows . . .

In COLE S ESTATE, 44 Fla. Supp. 153 (Palm Beach Cty. Cir. Ct. 1976)

. . . However, Section 732.606 of our Florida Probate Code, which became effective January 1, 1976, provides . . . The new Probate Act, §732.606, provides in part as follows — “ (1) If specifically devised property is . . . to thé net sales price of the property bequeathed to them and sold by the guardian as provided in §732.606 . . . If my conclusion as to the applicability of §732.606 to the situation here presented is erroneous, it . . . This is the proverbial red cow case, and in my judgment is controlling here even in the absence of §732.606 . . .