739.102 Definitions. - Florida Statutes

739.102 Definitions.

As used in this chapter, the term:

   (1) “Benefactor” means the creator of the interest that is subject to a disclaimer.

   (2) “Beneficiary designation” means an instrument, other than an instrument creating or amending a trust, naming the beneficiary of:

   (a) An annuity or insurance policy;

   (b) An account with a designation for payment on death;

   (c) A security registered in beneficiary form;

   (d) A pension, profit-sharing, retirement, or other employment-related benefit plan; or

   (e) Any other nonprobate transfer at death.

   (3) “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

   (4) “Disclaimed interest” means the interest that would have passed to the disclaimant had the disclaimer not been made.

   (5) “Disclaimer” means the refusal to accept an interest in or power over property. The term includes a renunciation.

   (6) “Fiduciary” means a personal representative, trustee, agent acting under a power of attorney, guardian, or other person authorized to act as a fiduciary with respect to the property of another person.

   (7) “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation.

   (8) “Insolvent” means, solely for purposes of this chapter, that the sum of a person’s debts is greater than all of the person’s assets at fair valuation and that the person is generally not paying his or her debts as they become due. For purposes of this subsection, the term “assets” has the same meaning as that provided in s. 726.102.

   (9) “Jointly held property” means property held in the names of two or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. Jointly held property does not include property held as tenants by the entirety.

   (10) “Person” includes individuals, ascertained and unascertained, living or not living, whether entitled to an interest by right of intestacy or otherwise; a government, governmental subdivision, agency, or instrumentality; and a public corporation.

   (11) “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment.

   (12) “Trust” means:

   (a) An express trust (including an honorary trust or a trust under s. 736.0408), charitable or noncharitable, with additions thereto, whenever and however created; and

   (b) A trust created pursuant to a statute, judgment, or decree which requires the trust be administered in the manner of an express trust.

As used in this chapter, the term “trust” does not include a constructive trust or a resulting trust.

History. s. 1, ch. 2005-108; s. 43, ch. 2006-217; s. 13, ch. 2009-115.