89-299; s. 953, ch. Unless the will provides otherwise, all devises to descendants, issue, and other multigeneration classes shall be per stirpes. Adoption of a child by a natural parents spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent. The execution of a codicil referring to a previous will has the effect of republishing the will as modified by the codicil. The family member who withdraws the funds under this section is personally liable to the creditors of the decedent and any other person rightfully entitled to the funds under the Florida Probate Code, to the extent the amount paid exceeds the amount properly attributable to the family members share. 75-220; s. 13, ch. If the relative was deceased at the time of the decedent's death, please provide the deceased relative's name, indicate deceased, and date of death. 75-220; s. 3, ch. 2001-226; s. 12, ch. Any immunity from the presumption of undue influence that a surviving spouse may have under state law. 2001-226. 75-220; s. 7, ch. s. 1, ch. Property that was transferred during the 1-year period preceding the decedents death as a result of a transfer by the decedent if the transfer was either of the following types: Any property transferred as a result of the termination of a right or interest in, or power over, property that would have been included in the elective estate under subsection (5) or subsection (6) if the right, interest, or power had not terminated until the decedents death. My name is: _____, I am at least 18 years of age and 97-102; s. 54, ch. As used in ss. For this purpose, a general power to appoint by will is a qualifying power of appointment if the power may be exercised by the spouse in favor of the spouses estate without the consent of any other person. 2001-226; s. 5, ch. (c)The affiant is entitled to payment of the funds in the decedents depository accounts and certificates of deposit held by the financial institution (name of financial institution). Small Estate Affidavit Florida - EXPLAINED Watch on How to Write Download: Adobe PDF Florida Court Information (1) County Name. Property included in the gross estate of the decedent for federal estate tax purposes solely because the decedent possessed a general power of appointment.