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Florida Statute 738.601 | Lawyer Caselaw & Research
F.S. 738.601 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 738.601

The 2023 Florida Statutes (including Special Session C)

Title XLII
ESTATES AND TRUSTS
Chapter 738
PRINCIPAL AND INCOME
View Entire Chapter
F.S. 738.601
738.601 Insubstantial allocations not required.If a fiduciary determines that an allocation between principal and income required by s. 738.602, s. 738.603, s. 738.604, s. 738.605, or s. 738.608 is insubstantial, the fiduciary may allocate the entire amount to principal unless one of the circumstances described in s. 738.104(3) applies to the allocation. This power may be exercised by a cofiduciary under the circumstances described in s. 738.104(4) and may be released for the reasons and in the manner described in s. 738.104(5). An allocation is presumed to be insubstantial if:
(1) The amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10 percent; or
(2) The value of the asset producing the receipt for which the allocation would be made is less than 10 percent of the total value of the trust or estate assets at the beginning of the accounting period.
History.s. 1, ch. 2002-42; s. 19, ch. 2012-49.

F.S. 738.601 on Google Scholar

F.S. 738.601 on Casetext

Amendments to 738.601


Arrestable Offenses / Crimes under Fla. Stat. 738.601
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 738.601.



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