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Fla. Stat. § 736.1507 – Florida Statutes

Text of Fla. Stat. § 736.1507

Death of a spouse.—Upon the death of a spouse, one-half of the aggregate value of the property held in a community property trust established by the settlor spouses reflects the share of the surviving spouse and is not subject to testamentary disposition by the decedent spouse or distribution under the laws of succession of the state. The other one-half of the value of that property reflects the share of the decedent spouse and is subject to testamentary disposition or distribution under the laws of succession of the state. Unless provided otherwise in the community property trust agreement, the trustee has the power to distribute assets of the trust in divided or undivided interests and to adjust resulting differences in valuation. A distribution in kind may be made on the basis of a non-pro rata division of the aggregate value of the trust assets, on the basis of a pro rata division of each individual asset, or by using both methods. The decedent’s spouse’s one-half share shall not be included in the elective estate.

History of Fla. Stat. § 736.1507

Fla. Stat. § 736.1507 became law on July 1, 2021 as part of the Community Property Trust Act. It has not been amended or revised since that date.

Fla. Stat. § 736.1507 appears to be heavily influenced by Tenn. Code Ann. § 35-17-107.

Cases Citing Fla. Stat. § 736.1507

Currently, no cases cite or reference Fla. Stat. § 736.1507.