The 2023 Florida Statutes (including Special Session C)
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. . . the statute states: "[t]his section does not preclude a direct action against a trust described in § 733.707 . . .
. . . section 733.2123, Florida Statutes: (1) — (2) [No Change] (3) a trustee of any trust described in section 733.707 . . .
. . . the purposes of subsection (1), the term: (a) “Owner” includes the grantor of a trust described in s. 733.707 . . . conjunction with another person, does not possess a right of revocation as that term is defined in s. 733.707 . . .
. . . Florida Statutes (2007), as well as the order of the payment of expenses and obligations under section 733.707 . . . See § 733.707. From the discussion at oral argument, we know that the claim has not yet been paid. . . . under section 733.805 as well as the order of the payment of expenses and obligations under section 733.707 . . . See § 733.707, Fla. . . .
. . . decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section 733.707 . . .
. . . claim by the plaintiffs against the Foundation and its trustees pursuant to sections 733.607(2) and 733.707 . . . , AMP and Thomas Myers sought statutory contribution to the estate pursuant to sections 733.607 and 733.707 . . . Because there is no “enforceable claim” against the defendants under sections 733.607(2) and 733.707( . . . amount the personal representative certifies in writing to be required to satisfy such insufficiency. 733.707 . . . amount the personal representative certifies in writing to be required to satisfy the insufficiency. 733.707 . . .
. . . See § 733.707, Fla. Stat. (2010). . . .
. . . Section 733.707(1) provides that “[t]he personal representative shall pay the expenses of the administration . . . decedent during the decedent's lifetime, and any excess over the sums allowed in paragraphs (b) and (d). § 733.707 . . .
. . . scheme establishing the order of priority for payment of claims in probate is set forth in section 733.707 . . . Under section 733.707, Tampa General’s claim for medical expenses would be designated as a class 4 claim . . . See § 733.707(l)(a)-(d). In this case, by virtue of Mr. . . . and class 2 claims for funeral expenses, in contravention of the priorities established in section 733.707 . . . money to the estate that would circumvent the statutory priority of creditors set forth in section 733.707 . . .
. . . decedent’s estate, or any claims described in s. 733.702(1), the trustee of a trust described in s. 733.707 . . .
. . . decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section 733.707 . . .
. . . decedent’s estate, or any claims described in s. 733.702(1), the trustee of a trust described in s. 733.707 . . .
. . . Section 733.707(3), Florida Statutes, mandates payment of estate expenses by a revocable trust when the . . . states “the personal representative is entitled to payment from the trustee of a trust described in s. 733.707 . . .
. . . decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section 733.707 . . .
. . . the petition, finding that if claimant obtained a judgment, it would be a class 8 claim under section 733.707 . . .
. . . Section 733.707(3) provides, in pertinent part: Any portion of a trust with respect to which a decedent . . . Section 733.707(3) references section 733.607(2). . . . Section 733.707(3) is in turn referenced by section 737.3054(1), which provides: A trustee of a trust . . . described in s. 733.707(3) shall pay to the personal representative of a grantor’s estate any amounts . . . (3) as provided in ss. 733.607(2), 733.707(3), and 737.3054(1). . . .
. . . Likewise, the Trust was protected from any liability it may have had under sections 733.607(2) and 733.707 . . . similar to the version of section 733.707(3) in effect on the date of the decedent’s death); Tobin v . . . requirements of s. 733.212 have not been discharged, then every trustee of a trust described in s. 733.707 . . . have proceeded on the assumption that the Trust is a revocable trust of the type described in section 733.707 . . . to maintain a direct action against that decedent's revocable trust for payment pursuant to section 733.707 . . .
. . . At the time of the decedent’s death in May 2001, the pertinent statute, section 733.707(3), Florida Statutes . . . some manner qualifying or limiting that prejudice so as to permit [the widow] to seek relief under § 733.707 . . . clear that the widow’s ability to seek relief against the decedent’s revocable trust under section 733.707 . . . Although the issue is not now ripe for adjudication, there is reason to doubt that section 733.707(3) . . . The trust's liability under section 733.707(3) to pay the expenses of administration and enforceable . . .
. . . decedent’s surviving spouse; (2) all beneficiaries; (3) a trustee of any trust described in section 733.707 . . .
. . . the purposes of subsection (1), the term: (a) 'Owner' includes the grantor of a trust described in s. 733.707 . . .
. . . describe their claim as a creditor’s claim that would take precedence over the elective share, see § 733.707 . . .
. . . below, that the judgment for fees and costs represents a Class I claim against the estate under section 733.707 . . .
. . . Section 733.707, Florida Statutes (1999), provides: (1) The personal representative shall pay the expenses . . .
. . . beneficiaries whe-have not been barred by law; and (3) thea trustee of any trust described in section 733.707 . . .
. . . Section 733.707(3), Florida Statutes (1997), provides: Any portion of a trust with respect to which a . . . creditors to the extent the decedent’s estate is insufficient to pay them as provided in s. 733.607(2). § 733.707 . . . Read and to seek relief under section 733.707 for such enforceable claims as it may have or later obtain . . .
. . . IRMH, a Class 4 medical creditor, under section 733.707(l)(d), filed this appeal, challenging the trial . . . The $10,000 awarded to the estate was distributed pursuant to the Florida Probate Code, section 733.707 . . .
. . . Appellant argues that section 733.707(3), Florida Statutes (1995), provides a cause of action against . . . Section 733.707(3) provides, Any portion of a trust with respect to which a decedent who is the grantor . . . direct action against the Trust for the tort claims asserted in the second amended complaint; section 733.707 . . . this court found case law or precedent defining the term “enforceable claim” as provided in section 733.707 . . . action her claim for an accounting and distribution under the Trust and to seek relief under section 733.707 . . .
. . . Such fees, in my opinion, are a Class 8, not Class 1, priority under section 733.707, Florida Statutes . . . According to subsection 733.707(l)(a), Class 1 priorities embrace “[c]osts, expenses of administration . . . In other words, section 733.707 accords special priority to the payment of costs and expenses that facilitate . . . See § 733.707(l)(a), Fla. Stat. (1995). . . . See § 733.707(1), Fla. Stat. (1995). . . . The trial court ruled that Teague’s attorney’s fees were a Class 8 priority under section 733.707, Florida . . . in which the expenses of administration and obligations of an estate are paid is set out in section 733.707 . . . Certainly section 733.707(1) does not specifically exclude claims for attorney’s fees awarded against . . . Under the statute, Class 8 obligations include “all other claims.” § 733.707(l)(h), Fla. . . . Finally, the plain language of the statute also classifies “costs” as a Class 1 priority. § 733.707(l . . .
. . . of the estate, or any claims described in Sec. 733.702(1), the trustee of a trust described in Sec. 733.707 . . .
. . . THE LAW Section 733.707, Florida Statutes (1995) states: Order of payment of expenses and obligations . . . the decedent during his lifetime, and any excess over the sums allowed in paragraphs (b) and (d). § 733.707 . . . of paragraph 733.707(l)(a). . . . The language in paragraph 733.707(l)(h) regarding "Class 8” expenses was previously located under "Class . . . See § 733.707(1), Fla. Stat. (1993). . Subsection 731.201(4) took effect January 1, 1976. . . .
. . . beneficiaries under the mutual wills of their parents, should not be given creditor status under section 733.707 . . . beneficiaries under said will” and that the claims of the children “are class 7 obligations pursuant to § 733.707 . . . contract between the decedent and their mother and that they deserve creditor status under section 733.707 . . . This class is denominated class 8 in the current statute. § 733.707, Fla.Stat. (1993). . . .
. . . most significant holding was that the claims of the appellees were class 7 obligations under section 733.707 . . . Under the current statute the class is numbered Class 8. § 733.707, Fla.Stat. (1993). . . .
. . . Class 7 claims refers to those claims filed pursuant to section 733.707, Florida Statutes (1991), which . . .
. . . the claim of JMH from assets not administered in accordance with the applicable probate statutes, § 733.707 . . .
. . . See § 733.707(2), Fla.Stat. (1989). . . .
. . . The appellees argue that they are “creditors” pursuant to section 733.707(2), Florida Statutes (1989) . . . On the other hand, as the appellants correctly argue, pursuant to section 733.707(2), disbursements to . . .
. . . services which benefitted the estate are entitled to a Class 1 rather than Class 7 priority under section 733.707 . . .
. . . Clause FIRST for the payment of debts and funeral expenses does not constitute a bequest because section 733.707 . . .
. . . . § 733.707(1)(a). . . .
. . . left to be performed is to determine the relative priority of creditors’ claims pursuant to Section 733.707 . . .
. . . filed a motion in the probate division to have the judgment considered a Class 1 priority under Section 733.707 . . . appeal that GMC’s cost judgment is not an obligation of the estate of Class 1 priority under Section 733.707 . . . Section 733.707, Florida Statutes (1979), provides in part: 733.707 Order of payment of expenses and . . . Section 733.20(1 )(a), Florida Statutes (1973), is identical to that of Class 1 contained within Section 733.707 . . .
. . . asserts error in the trial court’s determination as to the priorities of claims pursuant to Section 733.707 . . .
. . . Moreover, Section 733.707, Florida Statutes (1977), providing for the order of payment of expenses and . . .