Joint Tenancy With Right Of Survivorship

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

• Layne v. Layne
  74 So. 3d 161· Fla. 1st DCA· 2011-11-16 ·cited 3×
  Terry Layne appealed a trial court order distributing his late father's estate property, which excluded him entirely. The First District Court of Appeal reversed, holding that Layne's 1990 quitclaim deed conveying his interest in a townhouse to his father and former stepmother di
• Varela v. Bernachea
  917 So. 2d 295· Fla. 3d DCA· 2005-12-21 ·cited 3×
  Varela appeals a judgment declaring Bernachea the sole owner of a joint Merrill Lynch CMA account, despite it being titled as a joint tenancy with right of survivorship. The court reversed, holding that Bernachea failed to rebut the presumption of a gift by clear and convincing e
• Sandler v. Jaffe
  913 So. 2d 1205· Fla. 4th DCA· 2005-10-19 ·cited 3×
  The appellate court affirmed the imposition of a constructive trust on a New York bank account, which was funded by the decedent and later withdrawn by her daughter, but reversed the denial of compensatory damages.
• Beal Bank v. Almand & Assocs.
  710 So. 2d 608· Fla. 5th DCA· 1998-03-27 ·cited 3×
• Honore M. La Pierre v. Kalergis
  251 So. 2d 885· Fla. 1st DCA· 1971-08-05 ·cited 3×
  Honoré M. La Pierre appealed a judgment quieting title to real property in favor of John and Shirley Jean Kalergis. The court held that a 1963 deed expressly creating a joint tenancy with right of survivorship was valid under Florida Statutes Section 689.15, which abolished the c
• Lupo v. Lawson
  301 So. 3d 366· Fla. 2d DCA· 2020-03-18 ·cited 2×
  The appellate court reversed a grant of summary judgment, finding that genuine issues of material fact existed regarding the allocation of proceeds from the sale of jointly owned property. The court held that the trial court erred by not considering the appellant's evidence of un
• Lewis v. Est. OF John J. Turcol
  709 So. 2d 186· Fla. 5th DCA· 1998-04-09 ·cited 2×
  Florida appellate court affirmed that a promissory note naming two payees with no survivorship language controls over a mortgage designating joint tenancy with survivorship, so the deceased's one-half interest in the note passes to his estate rather than automatically to the co-p
• Est. OF Ruby Miller Whittle v. Commissioner OF Internal Revenue
  994 F.2d 379· 7th Cir.· 1993-05-19 ·cited 2×
  Interest on deferred estate tax is not an administration expense deductible from a decedent's estate when the decedent's assets passed via joint tenancy and did not create a probate estate.
• Gallenstein v. United States
  975 F.2d 286· 6th Cir.· 1992-09-16 ·cited 2×
  The court held that the 1981 amendments to I.R.C. § 2040 did not repeal the effective date of the 1976 amendment, meaning the 50% inclusion rule does not apply to joint interests created before 1977.
• Jackson v. Jackson
  507 So. 2d 1160· Fla. 1st DCA· 1987-05-19 ·cited 2×
• Emil L. Jeschke v. United States
  814 F.2d 568· 10th Cir.· 1987-03-12 ·cited 2×
  The court held that interest accruing on certificates of deposit held in joint tenancy is includible in the gross estate, a joint bank account with survivorship rights in a third party is a terminable interest for marital deduction purposes, and a post-death family agreement does
• Maxe Colleen McCorkle Morris v. Commissioner OF Internal Revenue
  761 F.2d 1195· 6th Cir.· 1985-05-20 ·cited 2×
  The tax court did not err in determining the fair market value of the subject real estate, nor did it abuse its discretion in refusing to consider evidence of subsequent events.
• Ostyn v. Olympic
  455 So. 2d 1137· Fla. 2d DCA· 1984-09-19 ·cited 2×
  In a quiet title action, the court reversed summary judgment for the defendant spouse and held that a surviving spouse's homestead right does not attach to property owned by the deceased spouse as a joint tenant with right of survivorship, because the deceased spouse had no indiv
• Hockett v. Larson
  742 F.2d 1123· 8th Cir.· 1984-09-06 ·cited 2×
  A deed with one genuine grantor signature and one forged signature is partially valid, conveying only the interest of the genuine grantor and severing the joint tenancy.
• Beda C. Supple v. Supple
  370 So. 2d 834· Fla. 3d DCA· 1979-05-08 ·cited 2×
  The court held that rescission of the deed was unwarranted, and the trial court's reformation of the deed to a tenancy in common was proper.
• In re the Est. of Westley W. Silvian
  347 So. 2d 632· Fla. 4th DCA· 1977-05-20 ·cited 2×
  In this Florida probate case, the Fourth District Court of Appeal reversed the trial court's determination that certain jointly-held assets belonged to the estate of Westley Silvian. The appellate court held that property conveyed to husband and wife, jointly-held stocks, and joi
• Goodson v. Caldreon
  265 So. 2d 74· Fla. 1st DCA· 1972-07-25 ·cited 2×
  Goodson and Lockey appealed an interlocutory order in post-judgment garnishment proceedings that subjected their joint savings account to a judgment lien. The court held that the circuit court violated Lockey's due process rights by entering final judgment on the garnishment with
• In re Sullivan v. Sullivan
  445 F.2d 265· 5th Cir.· 1971-06-21 ·cited 2×
  The court held that the evidence did not demonstrate donative intent, and thus the stock belonged to the bankruptcy estate.
• Krakoff v. United States
  439 F.2d 1023· 6th Cir.· 1971-04-01 ·cited 2×
  The court held that Anna Krakoff's renunciation of joint and survivorship accounts was ineffective under Ohio law because she had already accepted ownership, thus the transfer to her children constituted a taxable gift.
• S. Cal. Edison Co. v. Hurley
  202 F.2d 257· 9th Cir.· 1953-01-06 ·cited 2×
  The court held that the bank acted as an agent for Price and Burton, and its alterations were not those of an interloper. The court also held that the stock transfer was complete and not subject to a condition regarding dividends.
• In re Fuchs' Estate
  1 Fla. Supp. 28· Dade Cty. Cir. Ct.· 1951-11-30 ·cited 2×
  The Florida appellate court affirmed a county judge's order exempting a widow's dower property and jointly-held property from estate tax liability, holding that such property qualifies for the marital deduction under federal law and is therefore not chargeable with the estate's t
• Loumpos v. Bank One
  423 So. 3d 856· Fla.· 2025-12-11 ·cited 1×
  Section 655.79(1), Florida Statutes, authorizes a joint spousal bank account to be held as a tenancy by the entireties even if the account was originally established by one spouse, thereby eliminating the common law requirement that the unities of time and title be present. The 2
• Loumpos v. Raymond James & Assocs., Inc.
  392 So. 3d 841· Fla. 2d DCA· 2024-08-02 ·cited 1×
  The common law requirements for the unities of possession, interest, time, title, survivorship, and marriage must be satisfied to create a tenancy by the entirety in a bank account, even when the account's signature card expressly designates it as a tenancy by the entirety. Beal
• Vongsack Xayavong and Daomonh Xayavong v. Sunny Gifts, Inc.
  891 So. 2d 1075· Fla. 5th DCA· 2004-12-03 ·cited 1×
  This case examines whether a motor vehicle titled in the names of married spouses separated by "or" is presumptively held as a tenancy by the entireties under Beal Bank or is subject to levy as joint tenancy under Florida Statute section 319.22. The court held that section 319.22
• Mayer v. Cianciolo
  463 So. 2d 1219· Fla. 3d DCA· 1985-02-12 ·cited 1×
  Kenneth Mayer appeals a trial court's denial of a constructive trust over real property he initially owned jointly with his mother. The court reversed, holding that a constructive trust was appropriate where the mother received the plaintiff's interest solely to facilitate a sale
• Millicent A. Biggs v. Selbourne A. Biggs
  452 So. 2d 129· Fla. 2d DCA· 1984-06-08 ·cited 1×
  The court held that the trial court erred in excluding parol evidence offered to reform a deed, and that such evidence should be admitted on retrial.
• Artemis Pascalides v. Artico
  Fla. 3d DCA· 2025-12-31
  A bank account titled in the names of two persons as joint tenants with right of survivorship, funded solely by one person, is presumed to be a gift to the surviving joint tenant and passes to that survivor upon death, not to the deceased's estate, absent proof of fraud, undue in
• Weaver v. Hatfield
  Fla. 1st DCA· 2025-11-19
  A spouse who executes a warranty deed explicitly assigning all marital and homestead interests to the other spouse waives homestead rights in the property, allowing the recipient spouse to freely convey the property during life without homestead restrictions.
• Storey Mountain v. Del Amo
  11th Cir.· 2025-11-10
  The Eleventh Circuit held that the 2008 amendment to Florida Statute § 655.79(1) did not abrogate the Florida Supreme Court's holding in Beal Bank, which requires an express disclaimer on the signature card to negate a tenancy by the entirety for a married couple's bank account.
• Harker v. Kwanza Grimes and Ashley Vogel
  Del. Ch.· 2024-09-18
  The Delaware Court of Chancery held that the Edward Jones Account was a joint account with a right of survivorship, passing entirely to the Petitioner upon the decedent's death. The court also found that the Respondent breached his fiduciary duties as attorney-in-fact for the dec
• Munch v. M/V Foxie
  S.D. Fla.· 2024-03-22
  The court adopted the magistrate judge's report, denying the defendant's motion to dissolve the writ of garnishment and granting the plaintiff's motion for final judgment in garnishment.
• Grover L. Larkins, JR. v. In re the Est. of Grover Larkins, SR.
  Fla. 3d DCA· 2023-05-17
  The appellate court affirmed a probate court's decision that a bank account was a convenience account, making its funds an estate asset. However, it reversed a contempt order against the son who withdrew the funds, finding the order was improperly drafted by the opposing party wi
• Weisblat v. Feldman
  Fla. 4th DCA· 2023-04-05
  The appellate court reversed a lower court's decision that a decedent could not terminate a joint tenancy with right of survivorship by executing a quitclaim deed to himself. The court held that such a self-conveyance is a valid method to terminate the joint tenancy and create a
• Proveaux v. Proveaux
  Fla. 1st DCA· 2023-03-29
  A supportive relationship exists as a matter of law when former spouses have maintained a long-term committed relationship involving cohabitation for over a decade, joint property ownership with survivorship rights, and shared household expenses and obligations, and once establis
• Versace v. Uruven, LLC
  Fla. 4th DCA· 2022-10-12
  Appellant challenged a garnishment order against a bank account designated on the signature card as held by tenants by the entirety with his wife. The court held that an express designation of tenancy by the entirety on a bank signature card ends the inquiry into ownership form a
• Bailey v. Bailey
  310 So. 3d 103· Fla. 4th DCA· 2021-01-27
  A non-party with an alleged joint ownership interest in real property that will be distributed in a dissolution proceeding has a sufficient direct and immediate interest to intervene, but a former ownership interest in a business that has been sold does not support intervention.
• Of
  Del. Ch.· 2020-12-02
  The court recommended that the remaining sale proceeds from a partition action be distributed based on the parties' comparative direct contributions to the property's purchase cost. The court found that all parties held legal and equitable interests in the property and that while
• In re the Est. of Richard L. Degroat
  Del. Ch.· 2020-04-30
  The court held that Lucinda Papa breached her fiduciary duties to Richard DeGroat under common law and the Durable Personal Powers of Attorney Act by engaging in self-dealing transactions and misappropriating his assets. The court found that Lucinda and her current husband, Micha
• Bayuk v. Prisiajniouk
  M.D. Fla.· 2019-09-26
  A joint account agreement allowing either owner to withdraw funds governs the disposition of those funds, even after the death of another joint owner, unless a supervening agreement exists.
• Of
  Del. Ch.· 2018-09-28
  The Court of Chancery held that Beaver Dam Farms, Inc. (BDF) was a valid corporate entity at the time of the decedent's death due to the subsequent revival of its incorporation certificate. The court also determined that the decedent held a 49% interest in BDF, with his son Rolla
• Petithomme v. Monise Petithomme
  232 So. 3d 1058· Fla. 3d DCA· 2017-10-04
  Rodney Petithomme appeals a trial court's summary judgment dismissing his claims against three family members regarding a property allegedly held in trust for him. The appellate court reverses, holding that genuine issues of material fact preclude summary judgment on Rodney's res
• Korn v. C.A. No. 8266-VCG Sylvia Korn
  Del. Ch.· 2015-04-22
  The court held that the $200,000 transfer was a gift, the condominium is owned as tenants in common, the cemetery plots are beneficially owned by the mother and must be re-titled in her name, and the son must account for funds withdrawn from the joint account. The court found tha
• Morton v. Rogers
  Del. Ch.· 2014-06-17
  The Court recommends denying the respondents' motion to dismiss, finding it reasonably conceivable that the petitioner can establish a valid contract for specific performance of the real estate sale. The essential terms of the contract, including the property description and pric
• Connell v. Fana Connell
  93 So. 3d 1140· Fla. 2d DCA· 2012-08-01
  The personal representative of Peter Connell's estate appeals the trial court's modified order that treated a Rolex watch and diamond ring as joint property of the decedent and his spouse Fana, rather than as estate assets. The court reversed, holding that these items were the de
• IMO the Estate of James L. Simmons, Sr.
  Del. Ch.· 2012-05-16
  The court held that while the Citizens Savings account was a survivorship account, the executor held the funds in a resulting trust for the beneficiaries according to the decedent's will. Consequently, the beneficiaries were overpaid and must repay the executor, but the executor'
• Keen v. Camac
  Del. Ch.· 2011-02-11
  The appellate court affirmed the Master's Report, denying the plaintiffs' exceptions. The court held that the deed transferring the property to joint tenants was valid, as the grantor acted of her own free will after full disclosure and with independent legal advice. The court al
• Bruce Marger Ad Litem for the Estate of Francis A. De Rosa v. DE Rosa
  57 So. 3d 866· Fla. 2d DCA· 2011-01-28
  A house owned as a joint tenant with the right of survivorship is not homestead property for estate administration purposes, even if the decedent had minor children at the time of purchase.
• Pivinski v. Brzozowski
  Del. Ch.· 2010-10-12
  The appellate court affirmed the trial court's denial of the plaintiff's request for the imposition of a constructive trust and resulting trust over two real properties. The court found that the deed transferring the North Wildwood property to the decedent and his daughter Joan a
• Julia v. Russo
  984 So. 2d 1283· Fla. 4th DCA· 2008-07-02
  Michelle Julia, who shot and killed her unmarried partner John Russo, appealed the trial court's denial of her motion to withdraw funds from joint accounts they held with rights of survivorship. The Fourth District Court of Appeal reversed, holding that taking title as joint tena
• Mercurio v. Headrick
  983 So. 2d 773· Fla. 1st DCA· 2008-06-18
  Ruth Mercurio and Talmadge Headrick held real property as joint tenants with right of survivorship. When Headrick initiated a partition action in May 2006 and died in October 2006 before the action was resolved, the court held that the pending partition action abated upon his dea