Florida Statutes 738.508 – Apportionment of property expenses between tenant and remainderman
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(1) For purposes of this section, the term:
(a) “Remainderman” means the holder of the remainder interests after the expiration of a tenant’s estate in property.
Terms Used In Florida Statutes 738.508
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Estate: means a decedent's estate, including the property of the decedent as the estate is originally constituted and the property of the estate as it exists at any time during administration. See Florida Statutes 738.102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Income: means money or other property a fiduciary receives as current return from principal. See Florida Statutes 738.102
- Internal Revenue Code: means the Internal Revenue Code of 1986, as amended. See Florida Statutes 738.102
- Personal property: All property that is not real property.
- Principal: means property held in trust for distribution to, production of income for, or use by a current or successor beneficiary. See Florida Statutes 738.102
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired.
- Trust: includes an express trust, whether private or charitable, with additions to the trust, wherever and however created; and a trust created or determined by a judgment or decree under which the trust is to be administered in the manner of an express trust. See Florida Statutes 738.102
(b) “Tenant” means the holder of an estate for life or term of years in real property or personal property, or both.
(2) If a trust has not been created, expenses shall be apportioned between the tenant and remainderman as follows:
(a) The following expenses are allocated to and shall be paid by the tenant:
1. All ordinary expenses incurred in connection with the administration, management, or preservation of the property, including interest, ordinary repairs, regularly recurring taxes assessed against the property, and expenses of a proceeding or other matter that concerns primarily the tenant’s estate or use of the property.
2. Recurring premiums on insurance covering the loss of the property or the loss of income from or use of the property.
3. Any of the expenses described in subparagraph (b)3. which are attributable to the use of the property by the tenant.
(b) The following expenses are allocated to and shall be paid by the remainderman:
1. Payments on the principal of a debt secured by the property, except to the extent that the debt is for expenses allocated to the tenant.
2. Expenses of a proceeding or other matter that concerns primarily the title to the property, other than title to the tenant’s estate.
3. Except as provided in subparagraph (a)3., expenses related to environmental matters, including reclamation, assessing environmental conditions, remedying and removing environmental contamination, monitoring remedial activities and the release of substances, preventing future releases of substances, collecting amounts from persons liable or potentially liable for the costs of such activities, penalties imposed under environmental laws or regulations and other payments made to comply with those laws or regulations, statutory or common law claims by third parties, and defending claims based on environmental matters.
4. Extraordinary repairs.
(c) If the tenant or remainderman incurred an expense for the benefit of his or her own estate without consent or agreement of the other, he or she must pay such expense in full.
(d) Except as provided in paragraph (c), the cost of, or special taxes or assessments for, an improvement representing an addition of value to property forming part of the principal shall be paid by the tenant if the improvement is not reasonably expected to outlast the estate of the tenant. In all other cases, only a part shall be paid by the tenant while the remainder shall be paid by the remainderman. The part payable by the tenant is ascertainable by taking that percentage of the total that is found by dividing the present value of the tenant’s estate by the present value of an estate of the same form as that of the tenant, except that it is limited for a period corresponding to the reasonably expected duration of the improvement. The computation of present values of the estates shall be made by using the rate determined under s. 7520(a)(2) of the Internal Revenue Code then in effect and, in the case of an estate for life, the official mortality tables then in effect under s. 7520 of the Internal Revenue Code. Other evidence of duration or expectancy may not be considered.
(3) This section does not apply to the extent that it is inconsistent with the instrument creating the estates, the agreement of the parties, or the specific direction of the Internal Revenue Code taxing or other applicable law.
(4) The common law applicable to tenants and remaindermen supplements this section, except as modified by this section or other laws.