Florida Statutes 736.1109 – Testamentary and revocable trusts; homestead protections
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Terms Used In Florida Statutes 736.1109
- Decedent: A deceased person.
- Devise: To gift property by will.
- Trustee: A person or institution holding and administering property in trust.
(1) If a devise of homestead under a trust violates the limitations on the devise of homestead in Fla. Const. Art. X, § 4(c), title shall pass as provided in s. 732.401 at the moment of death.
(2) A power of sale or general direction to pay debts, expenses, and claims within the trust instrument does not subject an interest in the protected homestead to the claims of decedent‘s creditors, expenses of administration, and obligations of the decedent’s estate as provided in s. 736.05053.
(3) If a trust directs the sale of property that would otherwise qualify as protected homestead, and the property is not subject to the constitutional limitations on the devise of homestead under the State Constitution, title shall remain vested in the trustee and subject to the provisions of the trust.
(4) This section applies only to trusts described in s. 733.707(3) and to testamentary trusts.
(5) This section is intended to clarify existing law and applies to the administration of trusts and estates of decedents who die before, on, or after July 1, 2021.