CopyCited 13 times | Published | Florida 5th District Court of Appeal | 11 A.L.R. 4th 927
...1946); In re Trybom's Will, 277 N.Y. 106, 13 N.E.2d 596 (1938); Guilliams v. First National Bank of Leesburg,
229 So.2d 633 (Fla. 2d DCA 1969) (dictum). [17] Annot., 39 A.L.R.2d 522, §§ 4, 5 (1955); Annot., 35 A.L.R.2d 388 (1954); Annot., 160 A.L.R. 633 (1946). [18] §
732.514, Fla....
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
...While the devise of the bank stock was to specific named trustees as authorized by Section
732.513(1), Florida Statutes (1977) [compare Section
731.201(9), Florida Statutes (1977)], it was the death of the testator which vested the right to the devise under Section
732.514, Florida Statutes (1977).
732.514 Vesting of devises. The death of the testator is the event that vests the right to devises unless the testator in his will has provided that some other event must happen before a devise shall vest. Section
732.514 is declaratory of one of the canons of common law construction....
...which nonetheless vested subject to postponement of the use and enjoyment by a named beneficiary. It is true, as appellees argue, that Article NINTH of the will specifically provided that the marital trust would be first set apart. However, because Section 732.514, Florida Statutes (1977) codifies common law doctrine with respect to early vesting, we have no doubt that the bank stock vested and hence was never available to be set apart from the residuary estate....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1801769
...Rudkin (In re Estate of Tudhope),
595 So.2d 312 (Fla. 2d DCA 1992), and we continue to do so today. [2] Generally, *1280 property rights passing by virtue of the death of a person vest at the time of death. See §
732.101(2), Fla. Stat. (2000) (involving intestate estates); §
732.514, Fla....
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2006 WL 3327665
...Section
733.103(1) provides that "[u]ntil admitted to probate in this state or in the state where the decedent was domiciled, the will shall be ineffective to prove title to, or the right to possession of, property of the testator." While true, Mr. Rice's argument fails to consider section
732.514, Florida Statutes (2004), which provides, "[t]he death of the testator is the event that vests the right to devises unless the testator in the will has provided that some other event must happen before the devise vests." Mr. Rice is correct that under section
733.103, Mr. Schwartz's unprobated will was ineffective to "prove title" to the property, under section
732.514....
CopyCited 6 times | Published | Florida 1st District Court of Appeal | 2013 WL 6171299, 2013 Fla. App. LEXIS 18792
...Because we find that the orders constitute reversible error, the orders are reversed and this cause remanded. Mr. Earler T. Martin, Jr. and his wife, Cleo Myree Beck Martin, had prepared and executed their wills in 2007. Later that same year, Mrs. Martin passed away and Mr. Martin survived her. Pursuant to section 732.514, Florida Statutes, the devises in Mrs....
...Nor may the court produce a distribution that it may think equal or more equitable. See also Owens v. Estate of Davis,
930 So.2d 873, 874 (Fla. 2d DCA 2006). Here, Mr. Martin’s devise to Buford Cody vested Buford’s interest in the real property upon Mr. Martin’s death. §
732.514, Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2004 WL 355401
...Section 731.21 provided: Vesting of legacies or devises.The death of the testator is the event which vests the right to legacies or devises unless the testator in his will has provided that some other event must happen before a legacy or devise shall vest. The current applicable statute, section 732.514, Florida Statutes (2000), has not been substantially changed, but it has been renumbered....
...Such an interpretation would place too much power in a trustee or personal representative to alter rights of beneficiaries simply by delaying testamentary trust distributions, or funding of testamentary trusts. We conclude that Articles IV C. and IV D. of the will, and section 732.514, vested in Lisa her proportional shares when she attained the ages of 35 and 40, in fee and free of trust....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...Accordingly, the judgment appealed from is affirmed except as it denied the wife's lump sum alimony. On remand, the trial court is authorized to determine the amount, time and mode of payment of lump sum alimony to which the wife is entitled. Affirmed in part, reversed in part. NOTES [1] Section 732.514, Florida Statutes (1979) provides that: "The death of the testator is the event that vests the right to devises unless the testator in his will has provided that some other event must happen before a devise shall vest." Section 731.20...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1989 WL 95303
...1989). While it is true that Mr. Donovan apparently intended to pass the property through the residuary clause of his will to a trust, under the terms of both documents, his death vested the homestead property in his wife if she survived him. See, § 732.514, Fla....
CopyPublished | Florida 4th District Court of Appeal
...Section 8.4 recognizes that a “successor in interest to the
Member” could be “an estate, bankruptcy trustee, or otherwise,” opening
the door to any number of potential transfers.
The decedent’s bequest to appellees of his interest in the Company
vested upon his death. See § 732.514, Fla....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1998 Bankr. LEXIS 1924
...Consequently, the Trustee contends that the quitclaim deeds at issue in this case did not convey any interest in real property to the Defendants because the Debtor had not acquired any interest in the property at the time that the quitclaims were executed. The Trustee claims that Florida Statute § 732.514 provides further support for this contention: 732.514 Vesting of devises....
...ed in favor of the Defendant, Michael Rosin, and against the Plaintiff. . Cal.Civ.Code, § 700. Future interests; possibilities. A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind. . Fla.Stat. § 732.514....
CopyPublished | Supreme Court of Florida
...But that mention of
later-born children, as we read Mr. Steele’s will, refers most
naturally to children born after his will was drafted but conceived
before his death, i.e., when the dispositional portions of the will
-9-
create vested rights. See § 732.514, Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1958, 1989 Fla. App. LEXIS 4664
...3d DCA 1988), review denied,
545 So.2d 1369 (Fla.1989). While it is true that Mr. Donovan apparently intended to pass the property through the residuary clause of his will to a trust, under the terms of both documents, his death vested the homestead property in his wife if she survived him. See, §
732.514, Fla.Stat....
CopyPublished | District Court, M.D. Florida | 1993 U.S. Dist. LEXIS 9216, 1993 WL 127096
...preclude heirs from obtaining a vested interest in their expectancy and from the law of so-called Totten trusts, bank accounts denominated in the form of a trust, reasoning that the revocability precludes vesting of a future interest. See Fla.Stat. § 732.514 (1991) (wills); Seymour v....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Jan 24, 2024
...n of Florida law that
defines the “estate” as “the property of a decedent that is the sub-
ject of administration.” Fla. Stat. §
731.201(14). But other provi-
sions of Florida law suggest the opposite. See Fla. Stat. §
732.514
(“The death of the testator is the event that vests the right to de-
vises unless the testator in the will has provided that some other
event must happen before a devise vests.”); Fla....
