summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
2013 Regular Session
Bill Summary
Deletes provision that provides that information relating to state death tax credit or generation-skipping transfer credit is not applicable to estates of decedents dying after specified date; provides for retroactive effect & application; provides for retroactive effect & application; provides exception to property held by agents & fiduciaries; provides that property held by fiduciaries under trust instruments is presumed unclaimed; revises language regarding instruments governed by laws of different state; provides provisions relating to gifts to lawyers & other disqualified persons; requires custodian of will to supply testator's date of death or last four digits of testator's social security number; provides original will submitted with pleading is considered to be deposited with clerk; requires clerk to retain & preserve original will in its original form for period of time; provides for in rem jurisdiction & personal jurisdiction over trustee, beneficiary, or other person; deletes provision referring to other methods of obtaining jurisdiction; provides methods of service of process in actions involving trusts & beneficiaries; repeals provisions relating to trust proceedings & dismissal of matters relating to foreign trusts; repeals provision relating to delegation of powers by trustee; clarifies duties of trustee.
AI Summary
This bill makes several changes to Florida's estate and trust laws, including retroactively applying a provision related to state death tax credits to estates of decedents dying after January 1, 2013, and clarifying rules for property held by agents and fiduciaries, with property held under trust instruments now presumed unclaimed unless the owner shows interest within two years. It also introduces new rules regarding gifts to lawyers and their relatives, making such gifts void unless the lawyer is related to the donor, and requires custodians of wills to provide the testator's date of death or the last four digits of their Social Security number when depositing a will, with original wills submitted with pleadings now considered deposited and requiring the clerk to preserve them for at least 20 years. Furthermore, the bill expands the court's jurisdiction over trustees and beneficiaries, establishes new methods for serving legal documents in trust-related actions, repeals provisions concerning foreign trusts and delegation of trustee powers, and clarifies a trustee's duty to provide accountings to beneficiaries.
Committee Categories
Budget and Finance, Business and Industry, Justice
Sponsors (2)
Other Sponsors (2)
Civil Justice Subcommittee (House), Insurance and Banking Subcommittee (House)
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/SB 492 (Ch. 2013-172) (on 04/30/2013)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| House Committee Amendment #594987 | http://www.flsenate.gov/Session/Bill/2013/0583/Amendment/594987/PDF |
| House Committee Amendment #838405 | http://www.flsenate.gov/Session/Bill/2013/0583/Amendment/838405/PDF |
| House Committee Amendment #943083 | http://www.flsenate.gov/Session/Bill/2013/0583/Amendment/943083/PDF |
| House Committee Amendment #956211 | http://www.flsenate.gov/Session/Bill/2013/0583/Amendment/956211/PDF |
| Bill | http://www.flsenate.gov/Session/Bill/2013/0583/BillText/c2/PDF |
| Bill | http://www.flsenate.gov/Session/Bill/2013/0583/BillText/c1/PDF |
| Bill | http://www.flsenate.gov/Session/Bill/2013/583 |
| Bill | http://www.flsenate.gov/Session/Bill/2013/0583/BillText/Filed/PDF |
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