* Florida is Without Definition Because no courts have interpreted the term "insolvent" in the context of Florida's disclaimer statutes, there is no guidance.
Without clear direction, without an explicit definition of "insolvent," without an assignment of the burden of proof to show insolvency, and without any applicable case law, the term "insolvent" remains a matter for litigation under F.S.
One court noted, "Section 726.103(1) lays down the insolvency rule--that a debtor is insolvent when the sum total of all his liabilities exceeds the fair value of all his assets.
(1) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation.
Section 726.103(1)'s definition clearly includes "assets" in the formula for definition of insolvent. But the statute clearly does not identify whether exempt assets are included in the "asset" formula.
Florida has prohibited an insolvent beneficiary from disclaiming.