SERGE TAIEB, APPELLANT,

v.

JEAN PIERRE-LEVY AND NINA LEVY, HIS WIFE, APPELLEES

Citator

Cited By

• LoCASCIO v. Sharpe, 23 So. 3d 1209 (Fla. 3d DCA 2009)
  …have been vested with sole title to the residence at the time of her death, and that exclusive title would then have passed to the Son under Florida’s law of intestate succession. We have previously rejected this argument. In Capoccia v. Capoccia, 505 So. 2d 624 (Fla. 3d DCA 1987), this Court reconciled subsections (1) and (2) of the statute, explaining that “the express language of subsection (2) does not call for the complete termination of the killer’s interest in the property but merely the termination…
• Lopez v. Rodriguez, 574 So. 2d 249 (Fla. 3d DCA 1991)
  …statute does not provide that the killing effects a revocation or disaffirmance of a Totten trust. Moreover, the rules of statutory construction preclude this court from rewriting section 732.802(2) to effect such a revocation. Capoccia v. Capoccia, 505 So. 2d 624 (Fla. 3d DCA 1987). It is well settled that absent a settlor’s revocation or disaffirmance, “the presumption arises that an absolute trust was created as to the balance on hand at the death of the depositor.” Seymour v. Seymour, 85 So. 2d 726, 727 (…
• Julia v. Russo, 984 So. 2d 1283 (Fla. 4th DCA 2008)
  …’s Slayer Statute, section 732.802(2), Florida Statutes (2006).1 If the Slayer Statute is applied, appellant’s right of survivorship is extinguished and the accounts became tenancies in common at the time the decedent died. See Capoccia v. Capoccia, 505 So. 2d 624 (Fla. 3d DCA 1987). In the order denying appellant’s motion, the trial court found that there is no presumption of a gift of personal property between unmarried tenants in common, citing Grieco v. Grieco, 917 So. 2d 1052 (Fla. 2d DCA 2006), and Crou…

Authorities Cited

• Helene J. Postman v. Pelzner, Schwedock, Finkelstein & Klausner, P.A., 450 So. 2d 597 (Fla. 3d DCA 1984)