CopyCited 27 times | Published | Supreme Court of Florida | 2006 WL 3228916
...lete distribution to the person entitled and has otherwise faithfully discharged his or her duties. If objections are filed, the court shall conduct a hearing in the same manner as provided for a hearing on objections to annual guardianship reports. § 744.527(1), Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 2004 WL 2201732
...Resignation of guardian. §
744.511, Fla. Stat. Accounting upon removal. §
744.517, Fla. Stat. Proceedings for contempt. §
744.521, Fla. Stat. Termination of guardianship. §
744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. §
744.527, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 557, 1991 Fla. LEXIS 1335, 1991 WL 169366
...Stat. Order. §
744.467, Fla. Stat. Resignation of guardian. §
744.511, Fla. Stat. Accounting upon removal. §
744.521, Fla. Stat. Termination of guardianship. §
744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. §
744.527(1), Fla....
...order of discharge. (h) Waiver. Any portion of the petition for discharge, including the final report, or *986 the time for filing of objections may be waived by any interested person. Committee Notes Rule History 1975 Revision: Implements sections
744.527 and
744.531, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
...1989 Revision: Prior rule deleted and replaced by temporary emergency rule. 1991 Revision: Substantial revision of entire rule to harmonize with procedure for discharge of personal representatives under FPR 5.400 and 5.401. Statutory References §
744.521, Fla. Stat. Termination of guardianship. §
744.527, Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2014 WL 940700
...It is true that ownership of the account passed to Irene upon the Ward’s death, but Chapter 744 requires a guardian of property to perform tasks related to the guardianship after the death of the ward. Along with these post-death obligations, the Guardian retained “possession” of the account within the meaning of section 744.527(2) for the purpose of winding up the guardianship....
...his or her possession a sufficient amount to pay the final costs of administration, including guardian and attorney’s fees regardless of the death of the ward, accruing between the filing of his or her final returns and the order of discharge.” § 744.527(2), Fla....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1993 WL 100186
...ardian and attorney's fees, incurred up to that point in time, as well as those which were anticipated for final administration. Rule 5.680, Florida Probate Rules, does no more nor less than provide the mechanism to carry out the statutory scheme of section 744.527, Florida Statutes (1991)....
...[5] The language of subsection (2) is, in material respects, identical to the language of rule 5.680(c) Florida Probate Rules, as it existed immediately preceding October 1, 1991. Since the rule in its version immediately preceding October 1, 1991 and section 744.527(2), Florida Statutes, are in identical language it is safe to say that the meaning and intent were identical....
...ke payment from guardianship assets. REVERSED AND REMANDED. GLICKSTEIN, C.J., and DELL, J., concur. NOTE: GLICKSTEIN, C.J., did not participate in oral argument but has reviewed the presentation made at that proceeding. NOTES [1] The order construed section 744.527(2) Florida Statutes (1991), to permit the guardian to retain only an amount sufficient to pay guardianship and attorney's fees accruing between the filing of the final return and the order of discharge....
...The amendments to the Florida Probate Rules effective January 1, 1993 made no changes in rule 5.680. In re Amendments to the Florida Probate Rules,
607 So.2d 1306 (Fla. 1992). [4] While designated as final report in the current version of rule 5.680, final accounting in the prior version of rule 5.680, and final returns in section
744.527(2), Florida Statutes, the terms are synonymous....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 16060, 2010 WL 4135857
...y certain attorney's fees and costs incurred on behalf of the guardianship, the trial court concluded that it was not permitted to consider the petitions. Specifically, the court held that upon the ward's death, the only proceedings authorized under section 744.527(1), Florida Statutes (2008), [2] were the consideration *343 of the guardians' petition for discharge and any objections thereto....
...f any, that the trustee is obligated *344 to pay Yergey and Kirste pursuant to the terms of the mediation settlement agreement. REVERSED and REMANDED. LAWSON and COHEN, JJ., concur. NOTES [1] We have jurisdiction. See Fla. R.App. P. 9.110(a)(2). [2] Section 744.527(1) provides: When the court terminates the guardianship for any of the reasons set forth in s....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1463, 1988 WL 143178
...744.431 Order requiring return; contempt. F.S.
744.467 Resignation of guardian. F.S.
744.511 Accounting upon removal. F.S.
744.517 Proceedings for commitment. F.S.
744.521 Termination of guardianship. F.S.
744.524 Termination of guardianship on change of domicile of resident ward. F.S.
744.527 Final returns and applications for discharge; hearing....
...The discharge shall operate as a release from the duties of the guardianship and as a bar to any ' action against the guardian or his surety unless the action is commenced within one year from the date of the order. Committee Notes Rule History 1975 Revision: Implements F.S. 744.527 and F.S....
...1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1988 Revision: Captions added to paragraphs. Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
744.521 Termination of guardianship. F.S.
744.527 Final returns and application for discharge; hearing....
CopyPublished | Supreme Court of Florida | 13 Fla. L. Weekly 601, 1988 Fla. LEXIS 1475, 1988 WL 53983
...744.431 Order requiring return; contempt. F.S.
744.467 Resignation of guardian. F.S.
744.511 Accounting upon removal. F.S.
744.517 Proceedings for commitment. F.S.
744.521 Termination of guardianship. F.S.
744.524 Termination of guardianship on change of domicile of resident ward. F.S.
744.527 Final returns and applications for discharge; hearing....
...The discharge shall operate as a release from the duties of the guardianship and as a bar to any action against the guardian or his surety unless the action is commenced within one year from the date of the order. Committee Notes 1975 Revision: Implements F.S. 744.527 and F.S....
...1977 Revision: No change in rule. Change in committee note to conform to statutory renumbering. 1988 Revision: Captions added to paragraphs. Committee notes revised. Citation form changes in committee notes. Statutory References F.S.
744.521 Termination of guardianship. F.S.
744.527 Final returns and application for discharge; hearing....
CopyPublished | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 636, 1992 Fla. LEXIS 1622, 1992 WL 249483
...Resignation of guardian. R§4
744.511, Fla.Stat. Accounting upon removal. *1326
744.517, Fla.Stat. Proceedings for
744.521, Fla.Stat. Termination of guardianship. ⅞⅞⅛
744.524, Fla.Stat. Termination of guardianship on change of domicile of resident ward. ⅜⅝§
744.527, Fla.Stat....
...1991 Revision: Substantial revision of entire rule to harmonize with procedure for discharge of personal representatives under FPRrules 5.400 and 5.401. 1992 Revision: Committee notes revised. Citation form changes in committee notes. Statutory References §
744.521, Fla.Stat. Termination of guardianship. §
744.527, Fla.Stat....
CopyPublished | Supreme Court of Florida | 9 Fla. L. Weekly 401, 1984 Fla. LEXIS 3390
...744.431 Order requiring return; contempt. F.S.
744.467 Resignation of guardian. F.S.
744.511 Accounting upon removal. F.S.
744.517 Proceedings for commitment. F.S.
744.521 Termination of guardianship. F.S.
744.524 Termination of guardianship on change of domicile of resident ward. F.S.
744.527 Final returns and application for discharge; hearing....
CopyPublished | Florida 4th District Court of Appeal
...possession a sufficient amount to pay the final costs of
administration, including guardian and attorney’s fees
regardless of the death of the ward, accruing between the filing
of his or her final returns and the order of discharge.” §
744.527(2), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2017 WL 1908386, 2017 Fla. App. LEXIS 6559
...or her possession a sufficient amount to. pay the final costs of administration, including guardian and attorney’s fees regardless of the death of , the ward, accruing between the filing of his. or her final returns and the order of discharge.”- § 744.527(2), Fla....
...Thus, “Chapter 744 contemplates that a guardian will perform services and be able to access the guardianship estate even after the death of the ward.” Id. Julian argues that Chapter 744 and Romano permit only the retention of monies to pay for past and current guardianship expenses, not future expenses. However, section 744.527(2), Florida Statutes, provides that the guardianship may retain funds to pay for fees “accruing between the filing of his or her final returns and the order of discharge.” Thus, the statute “contemplates that a guardian mil perform services ......
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 765, 1988 Fla. App. LEXIS 1326, 1988 WL 27806
...Therein, with no hearing or finding in regard to the prudence of the trust investment, the judge ordered appellant to disburse to appellee not the “corpus” of the trust income as was the apparent intent of the July 1986 order, but the actual $112,500 in cash together with interest accrued thereon. Section 744.527(1), Florida Statutes, clearly provides that if any objections are filed pertaining to the guardian’s discharge of his duties, the court shall conduct a hearing on the issues raised....
...The trial judge’s order that appellant prematurely liquidate the banking incorporation investment and disburse cash to appellee necessarily amounts to a determination by the court that the investment in the proposed banking incorporation was imprudent. Since, contrary to Section 744.527(1), Florida Statutes, no hearing was held on the issue, any adjudication on the merits of the question of “prudence” of the investment at this stage was premature....
CopyPublished | Florida 4th District Court of Appeal
...possession a sufficient amount to pay the final costs of
administration, including guardian and attorney’s fees
regardless of the death of the ward, accruing between the filing
of his or her final returns and the order of discharge.” §
744.527(2), Fla....
CopyPublished | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 495, 2003 Fla. LEXIS 1063, 2003 WL 21402500
...Resignation of guardian. §
744.511, Fla. Stat. Accounting upon removal. §
744.517, Fla. Stat. Proceedings for contempt. §
744.521, Fla. Stat. Termination of guardianship. §
744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. §
744.527, Fla....
...Stat. Order. §
744.467, Fla. Stat. Resignation of guardian. §
744.511, Fla. Stat. Accounting upon removal. §
744.521, Fla. Stat. Termination of guardianship. §
744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. §
744.527(1), Fla....
...er an order of discharge. (h) Waiver. Any portion of the petition for discharge, including the final report, or the time for filing of objections may be waived by any interested person. Committee Notes Rule History 1975 Revision: Implements sections 744.527 and 744.581, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
...ts and discharge of guardian. 2003 Revision: Subdivision (a) amended to reflect addition of rule 5,552 dealing with voluntary guardianship of property. Committee notes revised. Statutory References §
744.521, Fla. Stat. Termination of guardianship. §
744.527, Fla....
CopyPublished | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 542, 2008 Fla. LEXIS 1242, 2008 WL 2686339
...Resignation of guardian. §
744.511, Fla. Stat. Accounting upon removal. §
744.517, Fla. Stat. Proceedings for contempt. §
744.521, Fla. Stat. Termination of guardianship. §
744.524, Fla. Stat. Termination of guardianship on change of domicile of resident ward. §
744.527, Fla....
...Stat. Order. §
744.467, Fla. Stat. Resignation of guardian. §
744.511, Fla. Stat. Accounting upon removal. §
744.521, Fla. Stat. Termination of guardianship. §
744.524, Fla. Stat. Termination of guardianship on change of domicile of residentward. §
744.527(1), Fla....
...file a petition for discharge. A guardian of the person is discharged without further proceeding upon filing a certified copy of the wards death certificate. (b) (g) [No Change] *600 Committee Notes Rule History 1975 Revision: Implements sections
744.527 and
744.531, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
...ets and discharge of guardian. 2003 Revision: Subdivision (a) amended to reflect addition of rule 5.552 dealing with voluntary guardianship of property. Committee notes revised. 2006 Revision: Subdivision (c) amended to conform to 2006 amendments to section 744.527, Florida Statutes....
...Statutes. 2008 Revision: Reference to restoration of rights added in subdivision (a). Committee notes revised. Statutory References §
393.12, Fla. Stat. Capacity; appointment of guardian advocate. §
744.521, Fla. Stat. Termination of guardianship. §
744.527, Fla....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 205, 2003 WL 118280
...Of course, the termination of the guardianship and suspension of the letters of guardianship, although occurring by operation of law upon the ward’s death, do not suspend the guardian’s responsibility to account for the ward's assets and obtain a discharge in the guardianship case. See § 744.527, 534, Fla....
CopyPublished | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 79, 2007 Fla. LEXIS 132, 2007 WL 268753
...(d)-(g) [No Change] (h) Waiver, Any portion of the petition for-discharge, including-the final reportror the time-for- filing of objections may — b& waived by any interested person. *753 Committee Notes Rule History 1975 Revision: Implements sections
744.527 and
744.531, Florida Statutes, and also requires the guardian applying for discharge to do so by filing a petition for discharge and provides the procedure pertaining thereto....
...ets and discharge of guardian. 2003 Revision: Subdivision (a) amended to reflect addition of rule 5.552 dealing with voluntary guardianship of property. Committee notes revised. 2006 Revision: Subdivision (c) amended to conform to 2006 amendments to section
744.527, Florida Statutes. Subdivision (h) deleted as unnecessary because substantive right of waiver is provided by section
731.302, Florida Statutes.. Statutory References §
744.521, Fla. Stat. Termination of guardianship. §
744.527, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...of the guardianship, see id. at 501, but this case involves a proceeding
for the guardian's discharge upon the ward's death and the review of the
guardian's final accounting and final report—a separate proceeding
governed by Florida Probate Rule 5.680 and section 744.527, Florida
Statutes (2023)....
...ms would be
considered at the sanctions hearing"). This court therefore declines to
consider any other issues regarding Mr. McLain's objections and
supplemental objections beyond his standing until he has been afforded
a hearing on those issues. See §
744.527(1) ("If objections are filed [to
the final report], the court shall conduct a hearing in the same manner
12
as provided for a hearing on objections to annual guardianship reports.");
§
744.369(7) ("...
