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(1)?Sections 732.201-732.2155 are effective on October 1, 1999, for all decedents dying on or after October 1, 2001. ?The law in effect prior to October 1, 1999, applies to decedents dying before October 1, 2001.
(3)?A waiver of elective share rights before the effective date of this section which is otherwise in compliance with the requirements of s. 732.702 is a waiver of all rights under ss. 732.201-732.2145.
(4)?Notwithstanding anything in s. 732.2045(1)(a) to the contrary, any trust created by the decedent before the effective date of ss. 732.201-732.2145 that meets the requirements of an elective share trust is treated as if the decedent created the trust after the effective date of these sections and in satisfaction of the elective share.
(5)?Sections 732.201-732.2155 do not affect any interest in contracts entered into for adequate consideration in money or money's worth before October 1, 1999, to the extent that the contract was irrevocable at all times from October 1, 1999, until the date of the decedent's death.
(a)?The property was an asset of the trust at all times between October 1, 1999, and the date of the decedent's death;
(b)?The decedent was not married to the decedent's surviving spouse when the property was transferred to the trust; ?and
(c)?The property was a nonmarital asset as defined in s. 61.075 immediately prior to the decedent's death.
Cite this article: FindLaw.com - Florida Statutes Title XLII. Estates and Trusts § 732.2155. Effective date; effect of prior waivers; transition rules - last updated January 01, 2019 | https://codes.findlaw.com/fl/title-xlii-estates-and-trusts/fl-st-sect-732-2155/
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