Florida Senate - 2022                             CS for SB 1502
       
       
        
       By the Committee on Banking and Insurance; and Senator Powell
       
       
       
       
       
       597-02317-22                                          20221502c1
    1                        A bill to be entitled                      
    2         An act relating to estates and trusts; amending s.
    3         733.705, F.S.; providing that the requirement for a
    4         claimant to file an independent action is satisfied if
    5         specified actions are taken; specifying that
    6         claimants, not creditors, are given certain priority
    7         of claims; amending s. 736.0505, F.S.; revising the
    8         types of trusts deemed to have been contributed by a
    9         settlor’s spouse and not the settlor; amending s.
   10         736.0705, F.S.; providing that a trustee may resign by
   11         specified procedure and with notice to certain
   12         parties; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (5) of section 733.705, Florida
   17  Statutes, is amended to read:
   18         733.705 Payment of and objection to claims.—
   19         (5) The claimant is limited to a period of 30 days from the
   20  date of service of an objection within which to bring an
   21  independent action upon the claim, or a declaratory action to
   22  establish the validity and amount of an unmatured claim which is
   23  not yet due but which is certain to become due in the future, or
   24  a declaratory action to establish the validity of a contingent
   25  claim upon which no cause of action has accrued on the date of
   26  service of an objection and that may or may not become due in
   27  the future, unless an extension of this time is agreed to by the
   28  personal representative in writing before it expires.
   29         (a) For good cause, the court may extend the time for
   30  filing an action or proceeding after objection is filed. No
   31  action or proceeding on the claim may be brought against the
   32  personal representative after the time limited above, and the
   33  claim is barred without court order.
   34         (b)If an action or proceeding by the claimant is pending
   35  against the decedent at the time of the decedent’s death, the
   36  requirement to bring an independent action is satisfied if,
   37  within 30 days after the filing of an objection to the claim:
   38         1.A motion complying with all applicable rules of
   39  procedure is filed, or a similar procedure is initiated, to
   40  substitute the proper party; or
   41         2.An order substituting the proper party is entered.
   42         (c)If the decedent entered into a binding arbitration
   43  agreement relating to the claim during his or her lifetime, or
   44  if arbitration is required under s. 731.401, the requirement to
   45  bring an independent action is satisfied if, within 30 days
   46  after the filing of an objection to the claim, a motion to
   47  compel arbitration against the proper party is initiated, as
   48  provided for in s. 682.03.
   49         (d)If arbitration was commenced before the decedent’s
   50  death, the requirement to bring an independent action is
   51  satisfied if, within 30 days after the filing of an objection to
   52  the claim, notice is given to the proper party. If the
   53  arbitration was commenced by order of the court, the notice must
   54  take the form of a timely filed motion, complying with all
   55  applicable rules of procedure, to substitute the proper party.
   56         (e) If an objection is filed to the claim of any claimant
   57  creditor and the claimant creditor brings an action to establish
   58  the claim, a judgment establishing the claim shall give it no
   59  priority over claims of the same class to which it belongs.
   60         Section 2. Subsection (3) of section 736.0505, Florida
   61  Statutes, is amended to read:
   62         736.0505 Creditors’ claims against settlor.—
   63         (3) Subject to the provisions of s. 726.105, for purposes
   64  of this section, the assets in:
   65         (a)1. A trust described in s. 2523(e) of the Internal
   66  Revenue Code of 1986, as amended;, or
   67         2. A trust for which the election described in s. 2523(f)
   68  of the Internal Revenue Code of 1986, as amended, has been made;
   69  or
   70         3.An irrevocable trust not otherwise described in
   71  subparagraph 1. or subparagraph 2. in which:
   72         a.The settlor’s spouse is a beneficiary as described in s.
   73  736.0103(19)(a) for the lifetime of the settlor’s spouse;
   74         b.At no time during the lifetime of the settlor’s spouse
   75  is the settlor a beneficiary as described in s. 736.0103(19)(a);
   76  and
   77         c.Transfers to the trust by the settlor are completed
   78  gifts under s. 2511 of the Internal Revenue Code of 1986, as
   79  amended; and
   80         (b) Another trust, to the extent that the assets in the
   81  other trust are attributable to a trust described in paragraph
   82  (a),
   83  
   84  shall, after the death of the settlor’s spouse, be deemed to
   85  have been contributed by the settlor’s spouse and not by the
   86  settlor.
   87         Section 3. Subsection (1) of section 736.0705, Florida
   88  Statutes, is amended to read:
   89         736.0705 Resignation of trustee.—
   90         (1) A trustee may resign in accordance with the procedure
   91  set forth in the trust instrument and upon notice to the
   92  cotrustees or, if none, to the successor trustee who has
   93  accepted the appointment, or, if none, to the person or persons
   94  who have the authority to appoint a successor trustee.
   95  Notwithstanding any provision of the terms of the trust, a
   96  trustee may also resign:
   97         (a) Upon at least 30 days’ notice to the qualified
   98  beneficiaries, the settlor, if living, and all cotrustees; or
   99         (b) With the approval of the court.
  100         Section 4. This act shall take effect July 1, 2022.