Florida Senate - 2009                                    SB 1396
       
       
       
       By Senator Aronberg
       
       
       
       
       27-00409B-09                                          20091396__
    1                        A bill to be entitled                      
    2         An act relating to administration of estates; amending
    3         s. 731.201, F.S.; revising definitions; amending s.
    4         732.108, F.S.; providing for nonapplication of certain
    5         limitation-of-action provisions to certain paternity
    6         determinations; amending s. 732.2025, F.S.; revising a
    7         definition; amending s. 732.2045, F.S.; expanding an
    8         exclusion from application of certain provisions of
    9         law; amending s. 732.2075, F.S.; revising provisions
   10         for satisfaction of an elective share; providing
   11         additional requirements; amending s. 732.2085, F.S.;
   12         correcting a cross-reference; amending s. 732.2135,
   13         F.S.; revising criteria for time of an election;
   14         providing for award of attorney fees and costs for
   15         elections made in bad faith; amending s. 732.402,
   16         F.S.; revising criteria for certain household items,
   17         motor vehicles, and tuition programs as exempt
   18         property; amending s. 733.201, F.S.; revising a
   19         criterion for proof of wills to conform; amending s.
   20         733.504, F.S.; revising a criterion for removal of a
   21         personal representative to conform; amending s.
   22         733.602, F.S.; removing a cross-reference; amending s.
   23         735.203, F.S.; revising requirements for a petition
   24         for summary administration; amending s. 739.102, F.S.;
   25         revising a definition; amending s. 739.104, F.S.;
   26         excluding from court approval certain disclaimers of
   27         interests in property; amending s. 739.201, F.S.;
   28         providing an additional rule applicable to disclaimers
   29         of interests in property; amending s. 739.207, F.S.;
   30         limiting a criterion for effectiveness of a disclaimer
   31         of power held in a fiduciary capacity; amending s.
   32         739.402, F.S.; correcting terminology; amending s.
   33         739.501, F.S.; preserving application of certain
   34         provisions to effectiveness of certain disclaimers or
   35         transfers; amending ss. 660.417, 736.0802, and 895.02,
   36         F.S.; correcting cross-references to conform;
   37         providing an effective date.
   38         
   39  Be It Enacted by the Legislature of the State of Florida:
   40         
   41         Section 1. Subsection (21) of section 731.201, Florida
   42  Statutes, is amended, subsections (25) through (39) of that
   43  section are renumbered as subsections (26) through (40),
   44  respectively, and a new subsection (25) is added to that
   45  section, to read:
   46         731.201 General definitions.—Subject to additional
   47  definitions in subsequent chapters that are applicable to
   48  specific chapters or parts, and unless the context otherwise
   49  requires, in this code, in s. 409.9101, and in chapters 736,
   50  738, 739, and 744, the term:
   51         (21) “Incapacitated” “Incompetent” means a judicial
   52  determination that a person lacks the capacity to manage at
   53  least some of the person's property or to meet at least some of
   54  the person's essential health and safety requirements. A minor
   55  shall be treated as being incapacitated or a person adjudicated
   56  incompetent.
   57         (25) “Minor” means a person under 18 years of age whose
   58  disabilities have not been removed by marriage or otherwise.
   59         Section 2. Paragraph (b) of subsection (2) of section
   60  732.108, Florida Statutes, is amended to read:
   61         732.108 Adopted persons and persons born out of wedlock.—
   62         (2) For the purpose of intestate succession in cases not
   63  covered by subsection (1), a person born out of wedlock is a
   64  descendant of his or her mother and is one of the natural
   65  kindred of all members of the mother's family. The person is
   66  also a descendant of his or her father and is one of the natural
   67  kindred of all members of the father's family, if:
   68         (b) The paternity of the father is established by an
   69  adjudication before or after the death of the father. Chapter 95
   70  shall not apply in determining heirs in a probate proceeding
   71  under this paragraph.
   72         Section 3. Subsection (10) of section 732.2025, Florida
   73  Statutes, is amended to read:
   74         732.2025 Definitions.—As used in ss. 732.2025-732.2155, the
   75  term:
   76         (10) “Transfer in satisfaction of the elective share” means
   77  an irrevocable transfer by the decedent during life to an
   78  elective share trust.
   79         Section 4. Paragraph (f) of subsection (1) of section
   80  732.2045, Florida Statutes, is amended to read:
   81         732.2045 Exclusions and overlapping application.—
   82         (1) EXCLUSIONS.—Section 732.2035 does not apply to:
   83         (f) The decedent's one-half of the property to which ss.
   84  732.216-732.228, or any similar provisions of law of another
   85  state, apply and real property that is community property under
   86  the laws of the jurisdiction where it is located.
   87         Section 5. Section 732.2075, Florida Statutes, is amended
   88  to read:
   89         732.2075 Sources from which elective share payable;
   90  abatement.—
   91         (1) Unless otherwise provided in the decedent's will or, in
   92  the absence of a provision in the decedent's will, in a trust
   93  referred to in the decedent's will, the following are applied
   94  first to satisfy the elective share:
   95         (a) Property interests included in the elective estate that
   96  pass or have passed to or for the benefit of the surviving
   97  spouse, including interests that are contingent upon making the
   98  election, but only to the extent that such contingent interests
   99  do not diminish other property interests that would be applied
  100  to satisfy the elective share in the absence of the contingent
  101  interests. To the extent paid to or for the benefit of the
  102  surviving spouse, the proceeds of any term or other policy of
  103  insurance on the decedent's life if, at the time of decedent's
  104  death, the policy was owned by any person other than the
  105  surviving spouse.
  106         (b) To the extent paid to or for the benefit of the
  107  surviving spouse, amounts payable under any plan or arrangement
  108  described in s. 732.2035(7).
  109         (c) To the extent paid to or for the benefit of the
  110  surviving spouse, the decedent's one-half of any property
  111  described in s. 732.2045(1)(f).
  112         (d) To the extent paid to or for the benefit of the
  113  surviving spouse, the proceeds of any term or other policy of
  114  insurance on the decedent's life if, at the time of decedent's
  115  death, the policy was owned by any person other than the
  116  surviving spouse.
  117         (e)(d) Property held for the benefit of the surviving
  118  spouse in a qualifying special needs trust.
  119         (e) Property interests included in the elective estate that
  120  pass or have passed to or for the benefit of the surviving
  121  spouse, including interests that are contingent upon making the
  122  election, but only to the extent that such contingent interests
  123  do not diminish other property interests that would be applied
  124  to satisfy the elective share in the absence of the contingent
  125  interests.
  126         (f) Property interests that would have satisfied the
  127  elective share under any preceding paragraph of this subsection
  128  but were disclaimed.
  129         (2) If, after the application of subsection (1), the
  130  elective share is not fully satisfied, the unsatisfied balance
  131  shall be allocated entirely to one class of apportioned among
  132  the direct recipients of the remaining elective estate and
  133  apportioned among those recipients, and if the elective share
  134  amount is not fully satisfied, to the next class of direct
  135  recipients, in the following order of priority, until the
  136  elective share amount is satisfied:
  137         (a) Class 1.—The decedent's probate estate and revocable
  138  trusts.
  139         (b) Class 2.—Recipients of property interests, other than
  140  protected charitable interests, included in the elective estate
  141  under s. 732.2035(2), (3), or (6) and, to the extent the
  142  decedent had at the time of death the power to designate the
  143  recipient of the property, property interests, other than
  144  protected charitable interests, included under s. 732.2035(5)
  145  and (7).
  146         (c) Class 3.—Recipients of all other property interests,
  147  other than protected charitable interests, included in the
  148  elective estate.
  149         (d) Class 4.—Recipients of protected charitable lead
  150  interests, but only to the extent and at such times that
  151  contribution is permitted without disqualifying the charitable
  152  interest in that property for a deduction under the United
  153  States gift tax laws.
  154  For purposes of this subsection, a protected charitable interest
  155  is any interest for which a charitable deduction with respect to
  156  the transfer of the property was allowed or allowable to the
  157  decedent or the decedent's spouse under the United States gift
  158  or income tax laws. A protected charitable lead interest is a
  159  protected charitable interest where one or more deductible
  160  interests in charity precede some other nondeductible interest
  161  or interests in the property.
  162         (3) If, after the application of subsections (1) and (2),
  163  the elective share amount is not fully satisfied, the additional
  164  amount due to the surviving spouse shall be determined and
  165  satisfied as follows:
  166         (a) The remaining unsatisfied balance shall be satisfied
  167  from property described in paragraphs (1)(a) and (b) which
  168  passes or which has passed in a trust in which the surviving
  169  spouse has a beneficial interest, other than an elective share
  170  trust or a qualified special needs trust.
  171         (b) In determining the amount of the remaining unsatisfied
  172  balance, the effect, if any, of any change caused by the
  173  operation of this subsection in the value of the spouse's
  174  beneficial interests in property described in paragraphs (1)(a)
  175  and (b) shall be taken into account, including, if necessary,
  176  further recalculations of the value of those beneficial
  177  interests.
  178         (c) If there is more than one trust to which this
  179  subsection could apply, unless otherwise provided in the
  180  decedent's will or, in the absence of a provision in the
  181  decedent's will, in a trust referred to in the decedent's will,
  182  the unsatisfied balance shall be apportioned pro rata to all
  183  such trusts in proportion to the value, as determined under s.
  184  732.2095(2)(d), of the surviving spouse's beneficial interests
  185  in the trusts.
  186         (4) If, after the application of subsections (1), (2), and
  187  (3), the elective share is not fully satisfied, any remaining
  188  unsatisfied balance shall be satisfied from direct recipients of
  189  protected charitable lead interests, but only to the extent and
  190  at such times that contribution is permitted without
  191  disqualifying the charitable interest in that property for a
  192  deduction under the United States gift tax laws. For purposes of
  193  this subsection, a protected charitable lead interest is a
  194  protected charitable interest as defined in subsection (2) in
  195  which one or more deductible interests in charity precede some
  196  other nondeductible interest or interests in the property.
  197         (5)(3) The contribution required of the decedent's probate
  198  estate and revocable trusts may be made in cash or in kind. In
  199  the application of this subsection, subsections (6) (4) and (7)
  200  (5) are to be applied to charge contribution for the elective
  201  share to the beneficiaries of the probate estate and revocable
  202  trusts as if all beneficiaries were taking under a common
  203  governing instrument.
  204         (6)(4) Unless otherwise provided in the decedent's will or,
  205  in the absence of a provision in the decedent's will, in a trust
  206  referred to in the decedent's will, any amount to be satisfied
  207  from the decedent's probate estate, other than from property
  208  passing to an inter vivos trust, shall be paid from the assets
  209  of the probate estate in the order prescribed in s. 733.805.
  210         (7)(5) Unless otherwise provided in the trust instrument
  211  or, in the decedent's will if there is no provision in the trust
  212  instrument, any amount to be satisfied from trust property shall
  213  be paid from the assets of the trust in the order provided for
  214  claims under s. 736.05053(2) and (3). A direction in the
  215  decedent's will is effective only for revocable trusts.
  216         Section 6. Paragraph (a) of subsection (1) of section
  217  732.2085, Florida Statutes, is amended to read:
  218         732.2085 Liability of direct recipients and beneficiaries.—
  219         (1) Only direct recipients of property included in the
  220  elective estate and the beneficiaries of the decedent's probate
  221  estate or of any trust that is a direct recipient, are liable to
  222  contribute toward satisfaction of the elective share.
  223         (a) Within each of the classes described in s.
  224  732.2075(2)(b) and, (c), and (d), each direct recipient is
  225  liable in an amount equal to the value, as determined under s.
  226  732.2055, of the proportional part of the liability for all
  227  members of the class.
  228         Section 7. Subsection (3) of section 732.2135, Florida
  229  Statutes, is amended, and subsection (5) is added to that
  230  section, to read:
  231         732.2135 Time of election; extensions; withdrawal.—
  232         (3) The surviving spouse or an attorney in fact, guardian
  233  of the property, or personal representative of the surviving
  234  spouse may withdraw an election at any time within on or before
  235  the earlier of the date that is 8 months after the date of the
  236  decedent's death and before the court's or the date of a court
  237  order of contribution. If an election is withdrawn, the court
  238  may assess attorney's fees and costs against the surviving
  239  spouse or the surviving spouse's estate.
  240         (5) If the court determines that an election is made or
  241  pursued in bad faith, the court may assess attorney's fees and
  242  costs against the surviving spouse or the surviving spouse's
  243  estate.
  244         Section 8. Subsection (2) of section 732.402, Florida
  245  Statutes, is amended to read:
  246         732.402 Exempt property.—
  247         (2) Exempt property shall consist of:
  248         (a) Household furniture, furnishings, and appliances in the
  249  decedent's usual place of abode up to a net value of $20,000
  250  $10,000 as of the date of death.
  251         (b) Two motor vehicles as defined in s. 316.003(21), which
  252  do not, individually as to either such motor vehicle, have a
  253  gross vehicle weight in excess of 15,000 pounds, All automobiles
  254  held in the decedent's name and regularly used by the decedent
  255  or members of the decedent's immediate family as their personal
  256  motor vehicles automobiles.
  257         (c) All qualified tuition programs authorized by s. 529 of
  258  the Internal Revenue Code of 1986, as amended, including, but
  259  not limited to, the Florida Prepaid College Trust Fund advance
  260  payment contracts under s. 1009.98 and the Florida Prepaid
  261  College Trust Fund participation agreements under s. 1009.981
  262  Stanley G. Tate Florida Prepaid College Program contracts
  263  purchased and Florida College Savings agreements established
  264  under part IV of chapter 1009.
  265         (d) All benefits paid pursuant to s. 112.1915.
  266         Section 9. Subsection (3) of section 733.201, Florida
  267  Statutes, is amended to read:
  268         733.201 Proof of wills.—
  269         (3) If it appears to the court that the attesting witnesses
  270  cannot be found or that they have become incapacitated
  271  incompetent after the execution of the will or their testimony
  272  cannot be obtained within a reasonable time, a will may be
  273  admitted to probate upon the oath of the personal representative
  274  nominated by the will as provided in subsection (2), whether or
  275  not the nominated personal representative is interested in the
  276  estate, or upon the oath of any person having no interest in the
  277  estate under the will stating that the person believes the
  278  writing exhibited to be the true last will of the decedent.
  279         Section 10. Subsection (1) of section 733.504, Florida
  280  Statutes, is amended to read:
  281         733.504 Removal of personal representative; causes for
  282  removal.—A personal representative may be removed and the
  283  letters revoked for any of the following causes, and the removal
  284  shall be in addition to any penalties prescribed by law:
  285         (1) Adjudication that the personal representative is
  286  incapacitated of incompetency.
  287         Section 11. Subsection (1) of section 733.602, Florida
  288  Statutes, is amended to read:
  289         733.602 General duties.—
  290         (1) A personal representative is a fiduciary who shall
  291  observe the standards of care applicable to trustees as
  292  described by part VII of chapter 736. A personal representative
  293  is under a duty to settle and distribute the estate of the
  294  decedent in accordance with the terms of the decedent's will and
  295  this code as expeditiously and efficiently as is consistent with
  296  the best interests of the estate. A personal representative
  297  shall use the authority conferred by this code, the authority in
  298  the will, if any, and the authority of any order of the court,
  299  for the best interests of interested persons, including
  300  creditors.
  301         Section 12. Section 735.203, Florida Statutes, is amended
  302  to read:
  303         735.203 Petition for summary administration.—
  304         (1) A petition for summary administration may be filed by
  305  any beneficiary or person nominated as personal representative
  306  in the decedent's will offered for probate. The petition must be
  307  signed and verified by the surviving spouse, if any, and any
  308  beneficiaries except that the joinder in a petition for summary
  309  administration is not required of a beneficiary who will receive
  310  full distributive share under the proposed distribution. Any
  311  beneficiary not joining shall be served by formal notice with
  312  the petition.
  313         (2) If a person named in subsection (1) has died, is
  314  incapacitated, or is a minor, or has conveyed or transferred all
  315  interest in the property of the estate, then, as to that person,
  316  the petition must be signed and verified certified by:
  317         (a) The personal representative, if any, of a deceased
  318  person or, if none, the surviving spouse, if any, and the
  319  beneficiaries;
  320         (b) The guardian of an incapacitated person or a minor; or
  321         (c) The grantee or transferee of any of them shall be
  322  authorized to sign and verify the petition instead of the
  323  beneficiary or surviving spouse.
  324         (3) If each trustee of a trust that is a beneficiary of the
  325  estate of the deceased person is also a petitioner, each
  326  qualified beneficiary of the trust as defined in s. 736.0103
  327  shall be served by formal notice with the petition for summary
  328  administration unless joinder in, or consent to, the petition is
  329  obtained from each qualified beneficiary of the trust. The
  330  joinder in, or consent to, a petition for summary administration
  331  is not required of a beneficiary who will receive full
  332  distributive share under the proposed distribution. Any
  333  beneficiary not joining or consenting shall receive formal
  334  notice of the petition.
  335         Section 13. Subsection (8) of section 739.102, Florida
  336  Statutes, is amended to read:
  337         739.102 Definitions.—As used in this chapter, the term:
  338         (8) “Insolvent” means, solely for purposes of this chapter,
  339  that the sum of a person's debts is greater than all of the
  340  person's assets at fair valuation and that. A person is presumed
  341  to be “insolvent” if the person is generally not paying his or
  342  her debts as they become due. For purposes of this subsection,
  343  the term “assets” has the same meaning as that provided in s.
  344  726.102.
  345         Section 14. Subsection (2) of section 739.104, Florida
  346  Statutes, is amended to read:
  347         739.104 Power to disclaim; general requirements; when
  348  irrevocable.—
  349         (2) With court approval, a fiduciary may disclaim, in whole
  350  or part, any interest in or power over property, including a
  351  power of appointment, except that a disclaimer of a power
  352  arising under s. 739.201(4) does not require court approval.
  353  Without court approval, a fiduciary may disclaim, in whole or in
  354  part, any interest in or power over property, including a power
  355  of appointment, if and to the extent that the instrument
  356  creating the fiduciary relationship explicitly grants the
  357  fiduciary the right to disclaim. In the absence of a court
  358  appointed guardian, notwithstanding anything in chapter 744 to
  359  the contrary, without court approval, a natural guardian under
  360  s. 744.301 may disclaim on behalf of a minor child of the
  361  natural guardian, in whole or in part, any interest in or power
  362  over property, including a power of appointment, which the minor
  363  child is to receive solely as a result of another disclaimer,
  364  but only if the disclaimed interest or power does not pass to or
  365  for the benefit of the natural guardian as a result of the
  366  disclaimer.
  367         Section 15. Subsection (4) is added to section 739.201,
  368  Florida Statutes, to read:
  369         739.201 Disclaimer of interest in property.—Except for a
  370  disclaimer governed by s. 739.202, s. 739.203, or s. 739.204,
  371  the following rules apply to a disclaimer of an interest in
  372  property:
  373         (4) In the case of a disclaimer of property over which the
  374  disclaimant has a power, in a fiduciary or nonfiduciary
  375  capacity, to direct the beneficial enjoyment of the disclaimed
  376  property, unless the disclaimer specifically provides to the
  377  contrary with reference to this subsection, the disclaimant
  378  shall also be deemed to have disclaimed that power unless the
  379  power is limited by an ascertainable standard, as defined in s.
  380  736.0103, as in effect when the disclaimer becomes irrevocable.
  381         Section 16. Subsection (3) of section 739.207, Florida
  382  Statutes, is amended to read:
  383         739.207 Disclaimer of power held in fiduciary capacity.—
  384         (3) A disclaimer under this section is effective as to
  385  another fiduciary if the disclaimer so provides and the
  386  fiduciary disclaiming has the authority to bind the estate,
  387  trust, or other person for whom the fiduciary is acting, except
  388  that a disclaimer of a fiduciary power arising under s.
  389  739.201(4) shall bind only the disclaiming fiduciary.
  390         Section 17. Subsection (2) of section 739.402, Florida
  391  Statutes, is amended to read:
  392         739.402 When disclaimer is barred or limited.—
  393         (2) A disclaimer of an interest in property is barred if
  394  any of the following events occur before the disclaimer becomes
  395  effective:
  396         (a) The disclaimant disclaimer accepts the interest sought
  397  to be disclaimed;
  398         (b) The disclaimant voluntarily assigns, conveys,
  399  encumbers, pledges, or transfers the interest sought to be
  400  disclaimed or contracts to do so;
  401         (c) The interest sought to be disclaimed is sold pursuant
  402  to a judicial sale; or
  403         (d) The disclaimant is insolvent when the disclaimer
  404  becomes irrevocable.
  405         Section 18. Section 739.501, Florida Statutes, is amended
  406  to read:
  407         739.501 Tax-qualified disclaimer.—Notwithstanding any other
  408  provision of this chapter other than s. 739.402, if, as a result
  409  of a disclaimer or transfer, the disclaimed or transferred
  410  interest is treated pursuant to the provisions of s. 2518 of the
  411  Internal Revenue Code of 1986 as never having been transferred
  412  to the disclaimant, the disclaimer or transfer is effective as a
  413  disclaimer under this chapter.
  414         Section 19. Paragraph (b) of subsection (3) of section
  415  660.417, Florida Statutes, is amended to read:
  416         660.417 Investment of fiduciary funds in investment
  417  instruments; permissible activity under certain circumstances;
  418  limitations.—
  419         (3) The fact that such bank or trust company or an
  420  affiliate of the bank or trust company owns or controls
  421  investment instruments shall not preclude the bank or trust
  422  company acting as a fiduciary from investing or reinvesting in
  423  such investment instruments, provided such investment
  424  instruments:
  425         (b) When sold to accounts for which the bank or trust
  426  company is acting as a trustee of a trust as defined in s.
  427  731.201(37):
  428         1. Are available for sale to accounts of other customers;
  429  and
  430         2. If sold to other customers, are not sold to the trust
  431  accounts upon terms that are less favorable to the buyer than
  432  the terms upon which they are normally sold to the other
  433  customers.
  434         Section 20. Paragraph (f) of subsection (5) of section
  435  736.0802, Florida Statutes, is amended to read:
  436         736.0802 Duty of loyalty.—
  437         (5)
  438         (f)1. The trustee of a trust as defined described in s.
  439  731.201(37) may request authority to invest in investment
  440  instruments described in this subsection other than a qualified
  441  investment instrument, by providing to all qualified
  442  beneficiaries a written request containing the following:
  443         a. The name, telephone number, street address, and mailing
  444  address of the trustee and of any individuals who may be
  445  contacted for further information.
  446         b. A statement that the investment or investments cannot be
  447  made without the consent of a majority of each class of the
  448  qualified beneficiaries.
  449         c. A statement that, if a majority of each class of
  450  qualified beneficiaries consent, the trustee will have the right
  451  to make investments in investment instruments, as defined in s.
  452  660.25(6), which are owned or controlled by the trustee or its
  453  affiliate, or from which the trustee or its affiliate receives
  454  compensation for providing services in a capacity other than as
  455  trustee, that such investment instruments may include investment
  456  instruments sold primarily to trust accounts, and that the
  457  trustee or its affiliate may receive fees in addition to the
  458  trustee's compensation for administering the trust.
  459         d. A statement that the consent may be withdrawn
  460  prospectively at any time by written notice given by a majority
  461  of any class of the qualified beneficiaries.
  462  A statement by the trustee is not delivered if the statement is
  463  accompanied by another written communication other than a
  464  written communication by the trustee that refers only to the
  465  statement.
  466         2. For purposes of paragraph (e) and this paragraph:
  467         a. “Majority of the qualified beneficiaries” means:
  468         (I) If at the time the determination is made there are one
  469  or more beneficiaries as described in s. 736.0103(14)(c), at
  470  least a majority in interest of the beneficiaries described in
  471  s. 736.0103(14)(a), at least a majority in interest of the
  472  beneficiaries described in s. 736.0103(14)(b), and at least a
  473  majority in interest of the beneficiaries described in s.
  474  736.0103(14)(c), if the interests of the beneficiaries are
  475  reasonably ascertainable; otherwise, a majority in number of
  476  each such class; or
  477         (II) If there is no beneficiary as described in s.
  478  736.0103(14)(c), at least a majority in interest of the
  479  beneficiaries described in s. 736.0103(14)(a) and at least a
  480  majority in interest of the beneficiaries described in s.
  481  736.0103(14)(b), if the interests of the beneficiaries are
  482  reasonably ascertainable; otherwise, a majority in number of
  483  each such class.
  484         b. “Qualified investment instrument” means a mutual fund,
  485  common trust fund, or money market fund described in and
  486  governed by s. 736.0816(3).
  487         c. An irrevocable trust is created upon execution of the
  488  trust instrument. If a trust that was revocable when created
  489  thereafter becomes irrevocable, the irrevocable trust is created
  490  when the right of revocation terminates.
  491         Section 21. Subsection (10) of section 895.02, Florida
  492  Statutes, is amended to read:
  493         895.02 Definitions.—As used in ss. 895.01-895.08, the term:
  494         (10) “Trustee” means any of the following:
  495         (a) Any person acting as trustee pursuant to a trust
  496  established under s. 689.07 or s. 689.071 in which the trustee
  497  holds legal or record title to real property.
  498         (b) Any person who holds legal or record title to real
  499  property in which any other person has a beneficial interest.
  500         (c) Any successor trustee or trustees to any or all of the
  501  foregoing persons.
  502  However, the term “trustee” does not include any person
  503  appointed or acting as a personal representative as defined in
  504  s. 731.201(27) or appointed or acting as a trustee of any
  505  testamentary trust or as a trustee of any indenture of trust
  506  under which any bonds have been or are to be issued.
  507         Section 22. This act shall take effect July 1, 2009.