FL
Florida House Bill H0625

Florida 2022 Regular Session

Florida House Bill H0625 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to estates and trusts; amending s. 2
1616 733.705, F.S.; providing that the requirement for a 3
1717 claimant to file an independent action is satisfied if 4
1818 specified actions are taken; specifying that 5
1919 claimants, not creditors, are given certain priority 6
20-of claims; amending s. 736.0505, F.S.; providing that 7
21-certain trust assets are deemed to have been 8
22-contributed by a specified party upon death; amending 9
23-s. 736.0705, F.S.; providing that a trustee may resign 10
24-by specified procedure and with notice to certain 11
25-parties; providing an effective date. 12
20+of claims; amending s. 736.0705, F.S.; providing that 7
21+a trustee may resign by specified procedure and with 8
22+notice to certain parties; providing an effective 9
23+date. 10
24+ 11
25+Be It Enacted by the Legislature of the State of Florida: 12
2626 13
27-Be It Enacted by the Legislature of the State of Florida: 14
28- 15
29- Section 1. Subsection (5) of section 733.705, Flor ida 16
30-Statutes, is amended to read: 17
31- 733.705 Payment of and objection to claims. — 18
32- (5) The claimant is limited to a period of 30 days from 19
33-the date of service of an objection within which to bring an 20
34-independent action upon the claim, or a declaratory acti on to 21
35-establish the validity and amount of an unmatured claim which is 22
36-not yet due but which is certain to become due in the future, or 23
37-a declaratory action to establish the validity of a contingent 24
38-claim upon which no cause of action has accrued on the da te of 25
27+ Section 1. Subsection (5) of section 733.705, Florida 14
28+Statutes, is amended to read: 15
29+ 733.705 Payment of and objection to claims. — 16
30+ (5) The claimant is limited to a period of 30 days from 17
31+the date of service of an objection within which to bring an 18
32+independent action upon the claim, or a declaratory action to 19
33+establish the validity and amount of an unmatured claim which is 20
34+not yet due but which is certain to become due in the future, or 21
35+a declaratory action to establish the validity of a contingent 22
36+claim upon which no cause of action has accrued on the date of 23
37+service of an objection and that may or may not become due in 24
38+the future, unless an extension of this time is agreed to by the 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51-service of an objection and that may or may not become due in 26
52-the future, unless an extension of this time is agreed to by the 27
53-personal representative in writing before it expires. 28
54- (a) For good cause, the court may extend the time for 29
55-filing an action or proceeding after objection is filed. No 30
56-action or proceeding on the claim may be brought against the 31
57-personal representative after the time limited above, and the 32
58-claim is barred without court order. 33
59- (b) If an action or proceeding by the claimant is pending 34
60-against the decedent at the time of the decedent's death, the 35
61-requirement to bring an independent action is satisfied if, 36
62-within 30 days after the filing of an objection to the claim: 37
63- 1. A motion complying with all applicable rules of 38
64-procedure is filed, or a similar procedure is initiated, to 39
65-substitute the proper party; or 40
66- 2. An order substituting the proper party is entered. 41
67- (c) If the decedent entered into a binding arbitration 42
68-agreement relating to the claim during his or her lifetime, or 43
69-if arbitration is required under s. 731.401, the requirement to 44
70-bring an independent action is satisfied if, within 30 days 45
71-after the filing of an objection to the claim, a motion to 46
72-compel arbitration against the proper party is initiated, as 47
73-provided for in s. 682.03. 48
74- (d) If arbitration was commenced before the decedent's 49
75-death, the requirement to bring an independent action is 50
51+personal representative in writing before it expires. 26
52+ (a) For good cause, the court may extend the time for 27
53+filing an action or proceeding after objection is filed. No 28
54+action or proceeding on the claim may be brought against the 29
55+personal representative a fter the time limited above, and the 30
56+claim is barred without court order. 31
57+ (b) If an action or proceeding by the claimant is pending 32
58+against the decedent at the time of the decedent's death, the 33
59+requirement to bring an independent action is satisfied if, 34
60+within 30 days after the filing of an objection to the claim: 35
61+ 1. A motion complying with all applicable rules of 36
62+procedure is filed, or a similar procedure is initiated, to 37
63+substitute the proper party; or 38
64+ 2. An order substituting the proper party is en tered. 39
65+ (c) If the decedent entered into a binding arbitration 40
66+agreement relating to the claim during his or her lifetime, or 41
67+if arbitration is required under s. 731.401, the requirement to 42
68+bring an independent action is satisfied if, within 30 days 43
69+after the filing of an objection to the claim, a motion to 44
70+compel arbitration against the proper party is initiated, as 45
71+provided for in s. 682.03. 46
72+ (d) If arbitration was commenced before the decedent's 47
73+death, the requirement to bring an independent action is 48
74+satisfied if, within 30 days after the filing of an objection to 49
75+the claim, notice is given to the proper party. If the 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88-satisfied if, within 30 days after the filing of an objection to 51
89-the claim, notice is given to the proper party. If the 52
90-arbitration was commenced by order of the court, the notice must 53
91-take the form of a timely filed motion, complying with all 54
92-applicable rules of procedure, to substitute the proper party. 55
93- (e) If an objection is filed to the claim of any claimant 56
94-creditor and the claimant creditor brings an action to establish 57
95-the claim, a judgment establishing the claim shall give it no 58
96-priority over claims of the same class to which it belongs. 59
97- Section 2. Subsection (3) of section 736.0505, Florida 60
98-Statutes, is amended t o read: 61
99- 736.0505 Creditors' claims against settlor. — 62
100- (3) Subject to the provisions of s. 726.105, for purposes 63
101-of this section, the assets in: 64
102- (a)1. A trust described in s. 2523(e) of the Internal 65
103-Revenue Code of 1986, as amended ;, or 66
104- 2. A trust for which the election described in s. 2523(f) 67
105-of the Internal Revenue Code of 1986, as amended, has been made; 68
106-or 69
107- 3. An irrevocable trust in which: 70
108- a. The settlor's spouse is a qualified beneficiary as 71
109-defined in s. 736.0103(19)(a) for the l ifetime of the settlor's 72
110-spouse; 73
111- b. The settlor has never been a qualified beneficiary as 74
112-defined in s. 736.0103(19)(a) during the lifetime of the 75
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121-F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125-settlor's spouse; and 76
126- c. Transfers to the trust by the settlor are completed 77
127-gifts under s. 2511 of the I nternal Revenue Code of 1986, as 78
128-amended; and 79
129- (b) Another trust, to the extent that the assets in the 80
130-other trust are attributable to a trust described in paragraph 81
131-(a), 82
132- 83
133-shall, after the death of the settlor's spouse, be deemed to 84
134-have been contributed by the settlor's spouse and not by the 85
135-settlor. 86
136- Section 3. Subsection (1) of section 736.0705, Florida 87
137-Statutes, is amended to read: 88
138- 736.0705 Resignation of trustee. — 89
139- (1) A trustee may resign in accordance with the procedure 90
140-set forth in the trust instrument and upon notice to the 91
141-cotrustees or, if none, to the successor trustee who has 92
142-accepted the appointment, or, if none, to the person or persons 93
143-who have the authority to appoint a successor trustee. 94
144-Notwithstanding any provision of the terms of the trust, a 95
145-trustee may also resign : 96
146- (a) Upon at least 30 days' notice to the qualified 97
147-beneficiaries, the settlor, if living, and all cotrustees; or 98
148- (b) With the approval of the court. 99
149- Section 4. This act shall take effect July 1, 2022. 100
88+arbitration was commenced by order of the court, the notice must 51
89+take the form of a timely filed motion, complying with all 52
90+applicable rules of procedure, to substitute the proper party. 53
91+ (e) If an objection is filed to the claim of any claimant 54
92+creditor and the claimant creditor brings an action to establish 55
93+the claim, a judgment establishing the claim shall give it no 56
94+priority over claims of the same class to which it belongs. 57
95+ Section 2. Subsection (1) of section 736.0705, Florida 58
96+Statutes, is amended to read: 59
97+ 736.0705 Resignation of trustee. — 60
98+ (1) A trustee may resign in accordance with the procedure 61
99+set forth in the trust instrument and upon notice to the 62
100+cotrustees or, if none, to the successor trustee who has 63
101+accepted the appointment, or, if none, to the person or persons 64
102+who have the authority to appoint a successor trustee. 65
103+Notwithstanding any provision of the terms of the trust, a 66
104+trustee may also resign : 67
105+ (a) Upon at least 30 days' notice to the qualified 68
106+beneficiaries, the settlor, if living, and all cotrustees; or 69
107+ (b) With the approval of the court. 70
108+ Section 3. This act shall take effect July 1, 2022. 71