Joint Tenancy With Right Of Survivorship

185 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• The Terrace Bank OF Fla. v. Earnest A. Brady, Jr.
  598 So. 2d 225· Fla. 2d DCA· 1992-05-08 ·cited 9×
  Terrace Bank appeals a trial court's order dissolving a garnishment writ against Dr. Brady's bank accounts, which the trial court found were held as an estate by the entireties and thus exempt from creditor claims. The appellate court reverses, holding that the Bradys failed to e
• In re Est. OF Leonard Schorr
  409 So. 2d 487· Fla. 4th DCA· 1981-09-30 ·cited 9×
  Sadie Schorr challenged an order declaring her a tenant in common rather than sole owner of Florida property she shared with Leonard Schorr. The court affirmed, holding that Leonard's 1972 Dominican Republic divorce from his first wife Dora was invalid because Leonard lacked domi
• Rosecrans v. Eden
  538 So. 2d 970· Fla. 5th DCA· 1989-02-23 ·cited 8×
  This case involves a dispute over ownership of a joint checking account between Donald Adams (deceased) and Carole Rosecrans. The court reversed the trial court's decision and held that under Florida Statute 658.56, a rebuttable presumption of survivorship arises when funds are d
• Doran v. Gainer
  443 So. 2d 473· Fla. 5th DCA· 1984-01-12 ·cited 8×
  Dorothy Doran and Mary Adams challenged the distribution of their father's joint savings accounts to their sister Carol Gainer, arguing that Florida's differing statutory provisions for joint accounts at banks versus savings and loan associations violated their constitutional equ
• Marti v. Marti
  377 So. 2d 1005· Fla. 3d DCA· 1979-12-18 ·cited 8×
  In this dissolution of marriage case, the Florida District Court of Appeal affirmed the trial court's award to the wife of a one-half interest in a joint savings account, finding that the husband's placement of the account in both parties' names as joint tenants constituted an in
• Harelik v. Teshoney
  337 So. 2d 828· Fla. 1st DCA· 1976-09-16 ·cited 8×
  Charles Harelik and his mother Stella took title to property as joint tenants with rights of survivorship in 1969. When Stella conveyed her interest to a third party in 1972 while retaining a life estate, she severed the joint tenancy. The court held that one joint tenant may uni
• Ennis L. Mazza v. Mazza
  475 F.2d 385· D.C. Cir.· 1973-03-07 ·cited 8×
  The court held that the law of the decedent's domicile, Maryland, governs the apportionment of federal estate taxes for property located in the District of Columbia, not the law of the situs.
• D. A. D., Inc. v. Moring
  218 So. 2d 451· Fla. 4th DCA· 1969-02-06 ·cited 8×
  A mortgage executed by a joint tenant on their interest in real property does not survive the mortgagor's death if the property is held with a right of survivorship.
• Mahoney v. Fed. Sav. & Loan Ins. Corp.
  393 F.2d 156· 7th Cir.· 1968-03-26 ·cited 8×
  The court held that the identity of the 'member' entity for insurance purposes is determined by state law governing the creation of account rights, and that joint accounts require compliance with state law formalities to establish survivorship rights for all named parties.
• Kennedy v. Commissioner OF Internal Revenue
  804 F.2d 1332· 7th Cir.· 1986-11-13 ·cited 7×
  The court held that the gift of a joint tenancy with a right of survivorship, where any tenant can partition the property, constitutes multiple transfers, with the survivorship interest being a separate transfer upon the death of another tenant.
• Sweat v. Yates
  463 So. 2d 306· Fla. 1st DCA· 1984-12-17 ·cited 7×
  In this appeal concerning the validity of a deed, the Florida District Court of Appeal reversed a summary judgment that invalidated a deed executed by William Yates. The court held that there was a genuine issue of material fact regarding whether the deed had valid witnessing, pr
• Ebanks v. Ebanks
  198 So. 3d 712· Fla. 2d DCA· 2016-01-29 ·cited 6×
  Diana Ebanks inherited three Cayman Islands properties held in joint proprietorship with her ex-husband Arthur upon his death, and those properties passed to her by operation of Cayman Islands law and Arthur's will. The estate sought to enforce the divorce judgment to force a sal
• Haddad v. Hester
  964 So. 2d 707· Fla. 3d DCA· 2007-04-18 ·cited 6×
  Fred Haddad appeals a summary judgment granted to his ex-wife Julia Hester in his action to partition a jointly owned condominium in Islamorada, Florida. The court affirmed, holding that the parties' Settlement Agreement and subsequent conduct evidenced an implied waiver of the r
• Bjarne Frydenlund Nielsen v. Pavlo Joannou
  835 So. 2d 1219· Fla. 5th DCA· 2003-01-24 ·cited 6×
  Bjarne Nielsen appeals a default judgment entered against him for failure to comply with discovery orders in a specific performance action brought by Pavlo Joannou to enforce a real property sales contract. The appellate court reversed the default, finding the trial court's order
• Shelman Morse v. Kohl, Metzger, Spotts, P.A.
  725 So. 2d 436· Fla. 4th DCA· 1999-02-03 ·cited 6×
  The court reversed an order denying a motion to dissolve a post-judgment garnishment of a joint bank account held by spouses as tenants by the entirety. The court held that when a bank signature card expressly designates an account as held by tenants by the entirety, the account
• Der Hagopian v. In re Guardianship of Marie Zimmer
  653 So. 2d 474· Fla. 3d DCA· 1995-04-12 ·cited 6×
  The court reversed orders authorizing liquidation of a joint brokerage account to pay guardianship fees and costs, holding that the joint account holder had a presumptive ownership interest and was entitled to notice and an opportunity to be heard before the probate court could a
• Est. of Joan Schnack v. Commissioner OF Internal Revenue
  848 F.2d 933· 9th Cir.· 1988-05-25 ·cited 6×
  Life insurance proceeds are includable in a decedent's gross estate under 26 U.S.C. § 2035 if the decedent exercised sufficient control over the purchase or had their funds used to pay premiums, even if another person was the technical owner of the policy.
• In re The Est. OF Philip Randall Heyes v. Rea Quackenbush
  515 So. 2d 377· Fla. 4th DCA· 1987-11-12 ·cited 6×
  This estate dispute concerns whether three accounts held by a decedent passed outside the estate as non-probate assets. The court reversed in part regarding two Sun Bank accounts, finding them to be probate assets because they lacked the necessary language to establish joint tena
• Panzirer v. Deco Purchasing & Distrib. Co., Inc.
  448 So. 2d 1197· Fla. 5th DCA· 1984-04-19 ·cited 6×
  A widow appealed a judgment against her in a probate dispute over her late husband's securities account. The trial court found the husband had intent to gift the account to her as joint tenants but held no effective gift was made. The appellate court reversed, holding that the hu
• In re Guardianship OF Edith Williams
  313 So. 2d 411· Fla. 1st DCA· 1975-06-03 ·cited 6×
  The court held that a trial court erred in terminating joint accounts with rights of survivorship for two incompetent individuals and ordering an equal division of funds.
• Wood v. McCLELLAN
  247 So. 2d 77· Fla. 1st DCA· 1971-04-06 ·cited 6×
  The court held that the attempted transfer of funds to a joint account was not a completed inter vivos gift because the donor died before the transfer was finalized and the donee's acceptance was deferred.
• Boling v. Barnes
  216 So. 2d 804· Fla. 2d DCA· 1968-12-11 ·cited 6×
  The court held that the appellants waived their objection under the Dead Man's Statute by failing to object to testimony presented in an affidavit supporting a motion for summary judgment, and this waiver extended throughout the proceedings.
• In re Brandle's Estate
  65 So. 2d 27· Fla.· 1953-05-08 ·cited 6×
  The Florida Supreme Court affirmed that a bank account held in the names of George J. Brandle and Louise Vondervied at Dade Federal Savings and Loan Association was properly characterized as a joint tenancy with right of survivorship, not a tenancy in common, based on the express
• Lynch v. Murray
  139 F.2d 649· 5th Cir.· 1943-11-29 ·cited 6×
  The court affirmed the judgment, recognizing survivorship in joint bank accounts if the depository agreement unequivocally provides for it, likely based on contract theory.
• Grover L. Larkins, JR. v. Mendez
  363 So. 3d 140· Fla. 3d DCA· 2023-05-17 ·cited 5×
  The probate court properly found the bank account was a convenience account rather than a joint account with survivorship rights based on clear and convincing evidence of the decedent's intent, but the contempt order for failing to return funds was reversible because it was not t
• Schlossberg v. Est. of Sadie Kaporovsky
  303 So. 3d 982· Fla. 4th DCA· 2020-08-05 ·cited 5×
  Jack Schlossberg purchased a condominium from Candy Wisotsky, who inherited it through a remainder interest granted by a 2005 deed. The trial court voided the 2005 deed as beyond the trustees' powers, leaving Schlossberg with only half-ownership. On appeal, the court reversed, ho
• Winterton v. Roma Kaufmann
  504 So. 2d 439· Fla. 3d DCA· 1987-03-03 ·cited 5×
  The court affirmed a judgment dismissing claims by the estate representatives of Veit E. Kaufmann against his widow Roma Kaufmann for conversion and civil theft of bearer bonds and joint account funds. The court held that Roma owned the disputed property by virtue of tenancy by t
• Weise v. Kizer
  435 So. 2d 381· Fla. 5th DCA· 1983-07-28 ·cited 5×
  Judith Weise appealed a judgment awarding half the sale proceeds of jointly-owned real property to the estate of her deceased co-tenant Wallace Cawthon. The Florida appellate court held that executing a contract to sell jointly-held property does not sever the joint tenancy or de
• Versace v. Uruven, LLC
  348 So. 3d 610· Fla. 4th DCA· 2022-10-12 ·cited 4×
  The appellate court reversed a lower court's decision to allow garnishment of a bank account. The court held that an account expressly designated as a tenancy by the entirety on the signature card is not subject to garnishment for an individual debt, based on precedent from Beal
• Clarke v. Schimmel
  774 So. 2d 7· Fla. 2d DCA· 2000-06-23 ·cited 4×
  The court held that the plain language of section 744.457(1)(c) does not require intangible property to be held as tenants by the entirety for the non-incapacitated spouse to receive one-half of the collected payments.
• Florraine W. Kelsey v. Pewthers
  685 So. 2d 953· Fla. 4th DCA· 1996-12-26 ·cited 4×
  Florraine Kelsey appeals a judgment awarding her nephew Troy Pewthers and his wife Martha $242,000 in damages for breach of a contract to make a will, under which the Pewthers agreed to care for Kelsey in exchange for inheriting her estate. The court reverses the damages award, h
• Perrott v. Frankie
  605 So. 2d 118· Fla. 2d DCA· 1992-08-14 ·cited 4×
  The appellate court affirmed the trial court's finding that a father fraudulently transferred property to his daughter to avoid a judgment creditor but reversed the award of sale proceeds to the creditor, holding that the fraudulent conveyance did not sever the joint tenancy with
• Johann Prinz v. Christobel Prinz
  596 So. 2d 807· Fla. 2d DCA· 1992-04-08 ·cited 4×
  In a matrimonial property dispute, the trial court set aside a marital settlement agreement and quitclaim deed on grounds of duress and coercion, ordering the parties to hold property as tenants in common. The appellate court reversed in part, holding that the property should be
• Countrywide Funding Corp. v. Palmer
  589 So. 2d 994· Fla. 2d DCA· 1991-11-15 ·cited 4×
  The court reversed a final judgment that denied a mortgage foreclosure suit, holding that a joint tenancy with right of survivorship can be terminated by one joint tenant conveying their interest to themselves.
• Troiano v. Troiano
  549 So. 2d 1053· Fla. 5th DCA· 1989-09-07 ·cited 4×
  A husband appeals a final judgment in a dissolution of marriage case where the trial court reformed a deed to Lake County property from joint tenancy to tenancy in common and granted his mother-in-law an equitable lien. The appellate court affirmed the deed reformation but revers
• Foucart v. A.B. Paul, Jr.
  516 So. 2d 1035· Fla. 5th DCA· 1987-12-10 ·cited 4×
  Sandra Foucart appeals the trial court's denial of her partition suit and invalidation of a deed conveying her mother's one-half interest in Florida real property. The appellate court reverses, holding that the mother's conveyance to Foucart validly severed a joint tenancy with r
• McDOWELL v. Trailer Ranch, Inc.
  421 So. 2d 751· Fla. 4th DCA· 1982-11-10 ·cited 4×
  Lloyd McDowell appealed an order authorizing execution on his interest in jointly-held real property to satisfy a $50,000 punitive damages judgment. The court held that a joint tenant's individual interest is subject to execution and levy, and affirmed the lower court's order per
• Gentzel v. In re Est. OF Alma B. Buchanan
  419 So. 2d 366· Fla. 1st DCA· 1982-09-10 ·cited 4×
  Gail Gentzel appeals a probate order determining that joint accounts held with her deceased mother Alma Buchanan constitute probatable assets passing under the mother's will rather than to Gentzel as surviving account holder. The First District affirmed, holding that the statutor
• Parker v. The United States
  573 F.2d 42· Ct. Cl.· 1978-02-22 ·cited 4×
  The court held that a portion of the settlement proceeds received by taxpayers in lieu of lost income is taxable as ordinary income, while the portion received in lieu of their claims as heirs to real property is excludible from income.
• Hogan v. van Dyke
  286 So. 2d 216· Fla. 2d DCA· 1973-11-30 ·cited 4×
  The court reversed a trial court's denial of Mrs. Hogan's claim to jointly-registered Boston Edison stock, holding that the testatrix's will effectively incorporated by reference an earlier inter vivos joint tenancy arrangement and expressed clear testamentary intent to deliver t
• Morgan v. McLAUGHLIN
  260 So. 2d 890· Fla. 2d DCA· 1972-04-21 ·cited 4×
• Frances G. Kach and her husband v. Cooley
  201 So. 2d 254· Fla. 1st DCA· 1967-07-20 ·cited 4×
  The court held that a 1955 deed conveyed a fee simple estate, not a life estate, to the grantees despite language providing that property should pass to heirs upon the death of the last surviving grantee. The decision turned on the parties' intention as expressed in both the deed
• Millman v. First Fed. Sav. & Loan Ass'n OF Broward Cnty. & Mildred Horton
  198 So. 2d 338· Fla. 4th DCA· 1967-05-04 ·cited 4×
  This case concerns whether a savings and loan association is liable for funds withdrawn from a joint account by an attorney-in-fact after the principal was declared incompetent but before the association had actual notice of the incompetency. The court held that the association w
• United States v. Heasty
  370 F.2d 525· 10th Cir.· 1966-12-27 ·cited 4×
  The court held that when a husband and wife jointly transfer property in which they each hold an interest, the federal estate tax law, under Section 2036, requires determining the 'interest' transferred according to state property law, not a federal tax concept of transfer.
• Union Planters Nat'l Bank v. United States
  361 F.2d 662· 6th Cir.· 1966-06-14 ·cited 4×
  The court held that the estate tax statute, as currently written, does not apply to the instant fact situation.
• Kramer v. The First Nat'l Bank OF Homestead
  163 So. 2d 341· Fla. 3d DCA· 1964-04-28 ·cited 4×
  Jerry Kramer appeals a summary judgment in favor of First National Bank of Homestead in an action to recover money allegedly wrongfully paid from a joint savings account. The bank successfully raised an equitable defense based on statutory provisions allowing payment to one joint
• Hurley v. S. Cal. Edison Co.
  183 F.2d 125· 9th Cir.· 1950-05-25 ·cited 4×
  The court held that the company could not rely on a dividend order as a defense for payments made when the payments were not made pursuant to that order.
• Rogan v. Kammerdiner
  140 F.2d 569· 9th Cir.· 1944-01-06 ·cited 4×
  The court held that the property held in joint tenancy was not taxable as part of the wife's estate because the evidence established a consistent agreement between the spouses to hold all property acquired by either as joint tenants with right of survivorship, originating from th
• Miller v. Mangus
  125 F.2d 507· 10th Cir.· 1942-01-12 ·cited 4×
  A joint tenant's failure to timely join bankruptcy proceedings before forfeiture renders their interest unadministrable, making them an indispensable party whose absence deprives the court of jurisdiction over the entire property.
• Selena E. Molina Master in Chancery
  2019 WL 4110674· Del. Ch.· 2021-11-29 ·cited 3×
  The executrix breached her fiduciary duties by renting estate property without authority and failing to account for rental income. She is surcharged for uncollected rent and must sell the decedent's vehicle. While beneficiaries must contribute to certain property expenses, their