FLSSI Probate > Special Proceedings
Petition To Determine Amount Of Elective Share Contribution Required P-4.0570 - FLSSI Probate
| Petition To Determine Amount Of Elective Share Contribution Required Form. This is a FLSSI Probate form and can be used in Special Proceedings . |
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IN THE CIRCUIT COURT FOR FLORIDA IN RE: ESTATE OF COUNTY, PROBATE DIVISION File No. Deceased. Division Adversary Proceeding No. Petitioner, vs. Respondent. PETITION TO DETERMINE AMOUNT OF ELECTIVE SHARE (contribution required) Petitioner, the estate of alleges: 1. On , , the surviving spouse of the decedent , who died on , as personal representative of , , filed a timely election to take elective share. 2. An order determining that the surviving spouse is entitled to take an elective share has been entered in this proceeding. 3. The names and addresses of each direct recipient known to the personal representative are set forth on Schedule A attached. 4. All property to be taken into account in computing the elective share, as described in Section 732.2035 and valued as provided in Section 732.2055 of the Florida Probate Code, is set forth on the Elective Estate Inventory served with this petition. 5. 6. All valid claims paid or payable from the elective estate are set forth on Schedule B attached. All mortgages, liens or security interests on the assets (except to the extent they were already deducted in valuing the assets listed on the Elective Estate Inventory) are set forth on Schedule C attached. 7. 8. Petitioner has determined that the elective share amount is $ . Petitioner is unaware of any will or trust of the decedent which provides sources for payment of the elective share amount, other than as provided in Section 732.2075 of the Florida Probate Code or that varies the order of abatement provided in Section 733.805 of the Florida Probate Code or that varies the contribution or abatement provided in Sections 736.05053 of the Florida Trust Code. Bar Form No. P-4.0570 -1 of 2 © Florida Lawyers Support Services, Inc. Revised January 1, 2013 9. After application of assets the surviving spouse has received or is entitled to receive, described in Section 732.2075(1) of the Florida Probate Code, in partial satisfaction of the elective share amount, there are not sufficient assets in decedent's probate estate and revocable trust, if any, to satisfy the balance of the elective share amount without contribution from direct recipients within Classes 2 and 3. 10. The names and addresses of all persons (and where represented by an attorney, the name and address of the attorney) having an interest in this matter are listed on Schedule D attached. 11. In accordance with Section 732.2075 of the Florida Probate Code, it is proposed that the assets set forth on the attached Schedule E shall either be applied to the elective share or shall be distributed to the surviving spouse from the probate estate or revocable trust, if any, in partial satisfaction of the elective share at the time and in the manner set forth thereon. 12. It is proposed that contribution be ordered from those direct recipients from whom a specified contribution will be required and the amount of contribution sought from each is set forth on Schedule F which shall be delivered to the personal representative. 13. To the extent any part of the elective share amount is proposed to be satisfied by distribution of assets in kind, the values indicated are tentative values because those assets must be revalued as of date of distribution as required by Section 732.2095 of the Florida Probate Code. Petitioner requests that an order be entered: (1) establishing the amount of the elective share as alleged in paragraph 7 of this petition; (2) ordering contribution, as necessary, from the direct recipients to the personal representative for distribution to the surviving spouse in satisfaction of the elective share; and (3) authorizing the personal representative to distribute the assets listed on Schedules E and F to the surviving spouse in satisfaction of the elective share within the time and manner as determined by this Court. Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged are true, to the best of my knowledge and belief. Signed on , . Petitioner Attorney for Petitioner Email Addresses: ___________________________________________ ___________________________________________ Florida Bar No. [Print or Type Names Under All Signature Lines] ___________________________________________ (address) Telephone Bar Form No. P-4.0570 -2 of 2 © Florida Lawyers Support Services, Inc. Revised January 1, 2013
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