SECTION 732.2045. Exclusions and overlapping application.
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1(1) 2EXCLUSIONS.3-4Section 5732.2035 6does not apply to:10(a) 11Except as provided in s. 16732.2155(4), 17any transfer of property by the decedent to the extent the transfer is irrevocable before the effective date of this subsection or after that date but before the date of the decedent’s marriage to the surviving spouse. 54(b) 55Any transfer of property by the decedent to the extent the decedent received adequate consideration in money or money’s worth for the transfer.
78(c) 79Any transfer of property by the decedent made with the written consent of the decedent’s spouse. For this purpose, spousal consent to split-gift treatment under the United States gift tax laws does not constitute written consent to the transfer by the decedent.
121(d) 122The proceeds of any policy of insurance on the decedent’s life in excess of the net cash surrender value of the policy whether payable to the decedent’s estate, a trust, or in any other manner.
157(e) 158Any policy of insurance on the decedent’s life maintained pursuant to a court order.
172(f) 173The decedent’s one-half of the property to which ss. 182732.216183-184732.228, 185or any similar provisions of law of another state, apply and real property that is community property under the laws of the jurisdiction where it is located. 212(g) 213Property held in a qualifying special needs trust on the date of the decedent’s death.
228(h) 229Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment.
253(i) 254Property which constitutes the protected homestead of the decedent if the surviving spouse validly waived his or her homestead rights as provided under s. 278732.702, 279or otherwise under applicable law, and such spouse did not receive any interest in the protected homestead upon the decedent’s death. 300(2) 301OVERLAPPING APPLICATION.303-304If s. 306732.2035(1) 307and any other subsection of s. 313732.2035 314apply to the same property interest, the amount included in the elective estate under other subsections is reduced by the amount included under subsection (1). In all other cases, if more than one subsection of s. 350732.2035 351applies to a property interest, only the subsection resulting in the largest elective estate shall apply.
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