The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS

Chapter 734
PROBATE CODE: FOREIGN PERSONAL REPRESENTATIVES; ANCILLARY ADMINISTRATION

View Entire Chapter

F.S. 734.101

734.101 Foreign personal representative.—

(1) Personal representatives who produce authenticated copies of probated wills or letters of administration duly obtained in any state or territory of the United States may maintain actions in the courts of this state.

(2) Personal representatives appointed in any state or country may be sued in this state concerning property in this state and may defend actions or proceedings brought in this state.

(3) Debtors who have not received a written demand for payment from a personal representative or curator appointed in this state within 90 days after appointment of a personal representative in any other state or country, and whose property in Florida is subject to a mortgage or other lien securing the debt held by the foreign personal representative, may pay the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative. Thereafter, a satisfaction of the mortgage or lien executed by the foreign personal representative, with an authenticated copy of the letters or other evidence of authority attached, may be recorded in the public records. The satisfaction shall be an effective discharge of the mortgage or lien, irrespective of whether the debtor making payment had received a written demand before paying the debt.

(4) Except as provided in s. 655.936, all persons indebted to the estate of a decedent, or having possession of personal property belonging to the estate, who have received no written demand from a personal representative or curator appointed in this state for payment of the debt or the delivery of the property are authorized to pay the debt or to deliver the personal property to the foreign personal representative after the expiration of 90 days from the date of appointment of the foreign personal representative.

History.—s. 1, ch. 74-106; s. 98, ch. 75-220; s. 1028, ch. 97-102; s. 170, ch. 2001-226; s. 110, ch. 2002-1; s. 16, ch. 2007-74.

Note.—Created from former s. 734.30.

F.S. 734.101 on Google Scholar

F.S. 734.101 on Casetext

Amendments to 734.101

Arrestable Offenses / Crimes under Fla. Stat. 734.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 734.101.

Annotations, Discussions, Cases:

Cases from cite.case.law:

LEWIS, v. MERIT SYSTEMS PROTECTION BOARD,, 594 F. App'x 974 (Fed. Cir. 2014)

. . . . § 734.101 (defining the term “employee” for the purposes of the political activities regulations for . . .

SHAYS, v. UNITED STATES FEDERAL ELECTION COMMISSION,, 508 F. Supp. 2d 10 (D.C. Cir. 2007)

. . . . §§ 734.208, 734.101). . . .

MCENTEE, v. MERIT SYSTEMS PROTECTION BOARD,, 404 F.3d 1320 (Fed. Cir. 2005)

. . . . § 734.101 (2004). . . . See 5 C.F.R. § 734.101 (2004). . . .

BURRUS, AFL- CIO, AFL- CIO, v. VEGLIANTE, U. S. U. S. U. S., 336 F.3d 82 (2d Cir. 2003)

. . . . § 734.101. The regulations contain examples of prohibited conduct under the Hatch Act. . . . and all activity “directed toward the success or failure of a political ... candidate,” 5 C.F.R. § 734.101 . . . Section 7324 is amply elaborated by definition and examples in the current regulations, 5 C.F.R. § 734.101 . . . political party, candidate for a partisan political office or partisan political group. 5 C.F.R. § 734.101 . . .

BURRUS, AFL- CIO, v. J. VEGLIANTE, U. S. U. S. U. S., 247 F. Supp. 2d 372 (S.D.N.Y. 2002)

. . . . § 734.101 (2002). But not all “political activity” is forbidden. . . .

BILLER, AFL- CIO v. VEGLIANTE, U. S. U. S. U. S., 24 F. App'x 73 (2d Cir. 2001)

. . . . § 734.101. . . . Service’s directive is invalid and that the laws on which it was based, 5 U.S.C. § 7324 and 5 C.F.R. § 734.101 . . .

M. KANE, v. MERIT SYSTEMS PROTECTION BOARD,, 210 F.3d 1379 (Fed. Cir. 2000)

. . . . § 734.101 (1999). . . .

HORSTKOETTER L. D. v. DEPARTMENT OF PUBLIC SAFETY,, 159 F.3d 1265 (10th Cir. 1998)

. . . . § 734.101 (1998) (defining "employee,” for purposes of that subpart, as excluding "member[s] of the . . .

In ESTATE OF C. PURNELL, D. COATES, v. MARTIN- YOUNG PRIVATE INVESTIGATIVE AGENCY, INC., 482 So. 2d 438 (Fla. Dist. Ct. App. 1986)

. . . Because Coates properly received the assets in Maryland pursuant to section 734.101(4), Florida Statutes . . . any adverse claim, the bank sent the funds in the account to Coates in Maryland, pursuant to section 734.101 . . . Moreover, the record reflects Coates and the bank complied with section 734.101(4), Florida Statutes . . .

PRICE, v. METROPOLITAN TRANSIT AGENCY, a C. D., 459 So. 2d 1180 (Fla. Dist. Ct. App. 1984)

. . . Systems for Security, Inc., 400 So.2d 110 (Fla. 3d DCA 1981); §§ 46.021, 734.101, Fla.Stat. (1977); Fla.R.Civ.P . . .

JACOBS v. A. ADAMS, 601 F.2d 176 (5th Cir. 1979)

. . . Section 734.30 has since been replaced by § 734.101, subsection (1) of which provides for substantially . . .