(1) If a surviving spouse has apparent title to property to which ss. 732.216-732.228 apply, a purchaser for value or a lender taking a security interest in the property takes the interest in the property free of any rights of the personal representative or a beneficiary of the decedent.
(2) If a personal representative or a beneficiary of the decedent has apparent title to property to which ss. 732.216-732.228 apply, a purchaser for value or a lender taking a security interest in the property takes that interest in the property free of any rights of the surviving spouse.
(3) A purchaser for value or a lender need not inquire whether a vendor or borrower acted properly.
(4) The proceeds of a sale or creation of a security interest must be treated as the property transferred to the purchaser for value or a lender.
History.—s. 9, ch. 92-200; s. 956, ch. 97-102; s. 34, ch. 2001-226.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 732 - Probate Code: Intestate Succession and Wills
Part II - Elective Share of Surviving Spouse; Rights in Community Property (Ss. 732.201-732.228)
732.201 - Right to elective share.
732.2035 - Property entering into elective estate.
732.2045 - Exclusions and overlapping application.
732.2055 - Valuation of the elective estate.
732.2065 - Amount of the elective share.
732.2075 - Sources from which elective share payable; abatement.
732.2085 - Liability of direct recipients and beneficiaries.
732.2095 - Valuation of property used to satisfy elective share.
732.2105 - Effect of election on other interests.
732.2115 - Protection of payors and other third parties.
732.2125 - Right of election; by whom exercisable.
732.2135 - Time of election; extensions; withdrawal.
732.2145 - Order of contribution; personal representative’s duty to collect contribution.
732.2151 - Award of fees and costs in elective share proceedings.
732.2155 - Effective date; effect of prior waivers; transition rules.
732.218 - Rebuttable presumptions.
732.219 - Disposition upon death.
732.221 - Perfection of title of personal representative or beneficiary.
732.222 - Purchaser for value or lender.
732.223 - Perfection of title of surviving spouse.
732.225 - Acts of married persons.