(1) Except as otherwise provided in subsection (2), a fiduciary shall allocate to principal the proceeds of a life insurance policy or other contract in which the trust, estate, or fiduciary is named as beneficiary, including a contract that insures the trust, estate, or fiduciary against loss for damage to, destruction of, or loss of title to a trust or estate asset. The fiduciary shall allocate dividends on an insurance policy to income if the premiums on the policy are paid from income and to principal if the premiums are paid from principal.
(2) A fiduciary shall allocate to income the proceeds of a contract that insures the fiduciary against loss of occupancy or other use by an income beneficiary, loss of income, or, subject to s. 738.403, loss of profits from a business.
(3) This section does not apply to a contract to which s. 738.602 applies.
History.—s. 1, ch. 2002-42; s. 18, ch. 2012-49.
Structure Florida Statutes
Title XLII - Estates and Trusts
Chapter 738 - Principal and Income
738.103 - Fiduciary Duties; General Principles.
738.104 - Trustee’s Power to Adjust.
738.1041 - Total Return Unitrust.
738.105 - Judicial Control of Discretionary Powers.
738.201 - Determination and Distribution of Net Income.
738.202 - Distribution to Residuary and Remainder Beneficiaries.
738.301 - When Right to Income Begins and Ends.
738.302 - Apportionment of Receipts and Disbursements When Decedent Dies or Income Interest Begins.
738.303 - Apportionment When Income Interest Ends.
738.401 - Character of Receipts.
738.402 - Distribution From Trust or Estate.
738.403 - Business and Other Activities Conducted by Fiduciary.
738.503 - Obligation to Pay Money.
738.504 - Insurance Policies and Similar Contracts.
738.601 - Insubstantial Allocations Not Required.
738.602 - Payments From Deferred Compensation Plans, Annuities, and Retirement Plans or Accounts.
738.604 - Minerals, Water, and Other Natural Resources.
738.606 - Property Not Productive of Income.
738.607 - Derivatives and Options.
738.608 - Asset-Backed Securities.
738.701 - Disbursements From Income.
738.702 - Disbursements From Principal.
738.703 - Transfers From Income to Principal for Depreciation.
738.704 - Transfers From Income to Reimburse Principal.
738.706 - Adjustments Between Principal and Income Because of Taxes.
738.801 - Apportionment of Expenses; Improvements.