eLaws of Florida

  SECTION 731.303. Representation.  


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  • 1In the administration of or in judicial proceedings involving estates of decedents, the following apply:
    16(1) 17Persons are bound by orders binding others in the following cases:
    28(a)1. 29Orders binding the sole holder or all coholders of a power of revocation or a general, special, or limited power of appointment, including one in the form of a power of amendment or revocation to the extent that the power has not become unexercisable in fact, bind all persons to the extent that their interests, as persons who may take by virtue of the exercise or nonexercise of the power, are subject to the power.
    1042. 105Subparagraph 1. does not apply to:
    111a. 112Any matter determined by the court to involve fraud or bad faith by the trustee;
    127b. 128A power of a trustee to distribute trust property; or
    138c. 139A power of appointment held by a person while the person is the sole trustee.
    154(b) 155To the extent there is no conflict of interest between them or among the persons represented:
    1711. 172Orders binding a guardian of the property bind the ward.
    1822. 183Orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will, in establishing or adding to a trust, in reviewing the acts or accounts of a prior fiduciary, and in proceedings involving creditors or other third parties. However, for purposes of this section, a conflict of interest shall be deemed to exist when each trustee of a trust that is a beneficiary of the estate is also a personal representative of the estate.
    2603. 261Orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate, in actions or proceedings by or against the estate.
    286(c) 287An unborn or unascertained person, or a minor or any other person under a legal disability, who is not otherwise represented is bound by an order to the extent that person’s interest is represented by another party having the same or greater quality of interest in the proceeding.
    335(2) 336Orders binding a guardian of the person shall not bind the ward.
    348(3) 349In proceedings involving the administration of estates, notice is required as follows:
    361(a) 362Notice as prescribed by law shall be given to every interested person, or to one who can bind the interested person as described in paragraph (1)(a) or paragraph (1)(b). Notice may be given both to the interested person and to another who can bind him or her.
    409(b) 410Notice is given to unborn or unascertained persons who are not represented pursuant to paragraph (1)(a) or paragraph (1)(b) by giving notice to all known persons whose interests in the proceedings are the same as, or of a greater quality than, those of the unborn or unascertained persons.
    458(4) 459If the court determines that representation of the interest would otherwise be inadequate, the court may, at any time, appoint a guardian ad litem to represent the interests of an incapacitated person, an unborn or unascertained person, a minor or any other person otherwise under a legal disability, or a person whose identity or address is unknown. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
    536(5) 537The holder of a power of appointment over property not held in trust may represent and bind persons whose interests, as permissible appointees, takers in default, or otherwise, are subject to the power. Representation under this subsection does not apply to:
    578(a) 579Any matter determined by the court to involve fraud or bad faith by the trustee;
    594(b) 595A power of a trustee to distribute trust property; or
    605(c) 606A power of appointment held by a person while the person is the sole trustee.
History.-s. 1, ch. 74-106; s. 7, ch. 75-220; s. 5, ch. 77-87; s. 1, ch. 77-174; s. 1, ch. 88-217; s. 3, ch. 92-200; s. 951, ch. 97-102; s. 13, ch. 2001-226; s. 3, ch. 2002-82; s. 3, ch. 2003-154; s. 30, ch. 2006-217; s. 9, ch. 2007-153.

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