-
983 So. 2d 1205·
Fla. 2d DCA·
2008-05-23
Sue Ellison was convicted of exploiting an elderly person, Karl Kadlik, but the appellate court reversed because the State failed to prove the element of deception required under Florida's exploitation statute. The court found the evidence insufficient as a matter of law to suppo
-
382 B.R. 526·
M.D. Fla.·
2007-12-21
The court held that the bankruptcy court misapplied the Beal Bank protocol by improperly combining the analysis for express disclaimer and rebuttable presumption, and that the debtor's actions did not constitute an express disclaimer of tenancy by the entireties ownership for the
-
Del. Ch.·
2006-10-06
The court held that Mrs. Peterman was incompetent to transfer her property by deed to Donald on July 6, 2005, due to her advanced Alzheimer's dementia. Consequently, the deed creating a joint tenancy with right of survivorship in the home place was void. The court also found that
-
944 So. 2d 1036·
Fla. 4th DCA·
2006-08-02
In this consolidated divorce and probate appeal, the court held that a mediation settlement agreement entered at the beginning of a divorce case does not control the distribution of property after one spouse's death before final judgment. The court reversed orders enforcing the m
-
844 So. 2d 674·
Fla. 3d DCA·
2003-04-16
The court held that a recorded deed with an attached certificate of authentication from a foreign civil-law notary establishes a prima facie case, and involuntary dismissal was improper.
-
689 So. 2d 1169·
Fla. 4th DCA·
1997-03-05
The court held that a surviving joint tenant is liable for estate taxes attributable to the decedent's interest in jointly held property when the will does not direct otherwise.
-
664 So. 2d 361·
Fla. 4th DCA·
1995-12-20
The appellate court reversed the probate court's order, finding that the language in paragraph II of the decedent's will was not specific enough to direct that her one-half interest in a jointly owned condominium pass to the surviving joint tenant, thus it would pass via the resi
-
924 F.2d 1547·
10th Cir.·
1991-02-07
Property surrendered by a surviving spouse in settlement of a controversy over the decedent's estate, even if not a formal will contest, does not 'pass' to the spouse for purposes of the federal estate tax marital deduction.
-
872 F.2d 84·
4th Cir.·
1989-04-10
A disclaimer of a survivorship interest in jointly held personal property is valid under North Carolina law and timely under federal law if made within nine months of the death of a cotenant, provided the joint tenancy is subject to unilateral termination by partition or debt att
-
867 F.2d 700·
D.C. Cir.·
1989-02-14
The court held that the defendant, a bank branch manager, could be convicted of embezzling funds from a customer's account, even though the account was titled as a joint tenancy with right of survivorship, because the evidence showed no true joint tenancy was created and the defe
-
847 F.2d 704·
11th Cir.·
1988-06-16
The divorce decree barred F.C. Burnett from conveying the entire interest in the realty to Roy Martin, despite Mildred Burnett not recording her claim.
-
829 F.2d 1002·
10th Cir.·
1987-09-23
The court held that the Colorado homestead exemption attaches to the real property itself and is not a personal right divisible among joint owners, meaning only one homestead exemption applies to jointly owned property.
-
509 So. 2d 1273·
Fla. 1st DCA·
1987-07-10
The court held that a surviving co-tenant's survivorship interest in a joint account applies only to the portion remaining after the satisfaction of a loan against which the account was pledged by the deceased co-tenant.
-
447 So. 2d 241·
Fla. 2d DCA·
1983-09-09
A direct conveyance from an individual to themselves and another as joint tenants with right of survivorship is valid and does not require the use of a strawman.
-
710 F.2d 484·
8th Cir.·
1983-06-30
The Government may sell a homestead held as joint tenants with right of survivorship to enforce one tenant's tax liability, but the court has discretion.
-
663 F.2d 665·
6th Cir.·
1981-11-13
The court held that the defendant's conviction for tax evasion was valid, as the government's net worth reconstruction was reasonable and the defendant's claims of ignored leads, excluded assets, and legal uncertainties did not constitute reversible error.
-
386 So. 2d 307·
Fla. 4th DCA·
1980-07-30
The Fourth District Court of Appeal reversed the trial court's denial of the personal representative's petition for surrender of jointly owned personal property. The court held that a joint will and contemporaneous agreement between spouses, which expressly provided for dispositi
-
295 So. 2d 368·
Fla. 3d DCA·
1974-05-28
In this property dispute between a father and daughter, the court reversed a summary judgment requiring the daughter to return certificates of deposit totaling $95,000 that were held in joint names. The court found genuine issues of material fact regarding the source of funds, th
-
217 So. 2d 334·
Fla. 2d DCA·
1969-01-10
The appellants, as executrices of Mrs. Josephine S. Yarnell Tibado's estate, appealed a summary judgment in favor of First Federal Savings and Loan Association regarding ownership of funds in a savings account. The core issue was whether an account originally opened solely by Mrs
-
201 So. 2d 573·
Fla. 1st DCA·
1967-08-03
The court affirmed a decree determining that Mildred Rimmer survived her husband George by approximately 15 minutes following a fatal automobile collision, thus entitling her estate to all jointly held property rather than triggering the Uniform Simultaneous Death Law which would
-
377 F.2d 93·
8th Cir.·
1967-05-23
Interests passing to a surviving spouse via joint tenancy or beneficiary designation are not rendered non-deductible terminable interests by a subsequent joint and mutual will, even if that will is contractual.
-
374 F.2d 336·
D.C. Cir.·
1967-02-16
The court held that the trial court's findings regarding the decedent's understanding and acquiescence in joint tenancy with right of survivorship were not clearly erroneous.
-
337 F.2d 310·
10th Cir.·
1964-10-21
Title to jointly owned savings bonds passed to the surviving wife under the terms of the bonds and Treasury Regulations, not under the husband's will.
-
157 So. 2d 854·
Fla. 2d DCA·
1963-10-30
In a divorce proceeding, the wife appealed from portions of the final decree requiring equal division of bank accounts, holding real estate as tenants-in-common, and denying alimony. The husband cross-appealed an amendment giving the wife use of the home and priority payment of h
-
21 Fla. Supp. 140·
Dade Cty. Cir. Ct.·
1963-04-02
The executor of two simultaneously deceased spouses sought a declaratory decree to determine whether jointly held property should pass under the Uniform Simultaneous Death Law or under the wife's will provision presuming the husband survived. The court held that jointly held prop
-
20 Fla. Supp. 135·
Dade Cty. Cir. Ct.·
1962-09-06
In this partition action, the court upheld a deed conveying a joint tenancy interest from an 84-year-old man to a 43-year-old woman based on an implicit contract not to partition during their lifetimes, rejecting the defendant's counterclaim alleging fraud and undue influence.
-
300 F.2d 724·
D.C. Cir.·
1962-02-23
The court held that the District of Columbia inheritance tax applies to one half of the value of jointly held stock, even if the surviving owner provided all the funds and exercised sole control.
-
298 F.2d 329·
D.C. Cir.·
1962-01-11
The appellate court affirmed the district court's judgment, finding the trial court's factual findings were supported by adequate evidence and its legal conclusions were correct.
-
285 F.2d 556·
1st Cir.·
1961-01-16
The court held that the Tax Court erred in inferring a present intent to make a gift from the decedent's purpose to avoid probate.
-
15 Fla. Supp. 166·
Palm Beach Cty. Cir. Ct.·
1960-03-02
The court held that the claimant did not acquire a vested interest in the stock during the donor's lifetime, thus the gift was incomplete and ineffective.
-
257 F.2d 268·
7th Cir.·
1958-06-27
The court held that the transfers of stock effectively created joint tenancies with the right of survivorship under Illinois law, despite the transferor being both the original owner and one of the joint tenants.
-
89 So. 2d 261·
Fla.·
1956-06-27
The Florida Supreme Court affirmed a lower court decree determining which properties of a deceased testator belonged to his estate and were subject to his will versus which properties belonged to his surviving spouse by right of survivorship or other legal title. The central issu
-
196 F.2d 69·
7th Cir.·
1952-04-15
The court held that the signature card and account agreement clearly expressed the intent to create a joint tenancy with right of survivorship, and that the executor's proffered testimony was inadmissible hearsay. The court also held that the bank was not liable for interest as i
-
183 F.2d 777·
5th Cir.·
1950-08-05
The court held that the Henderson transaction conveyed Arthur Kelley's full legal and equitable interests to himself and May Kelley Schneider as joint tenants with right of survivorship, vesting May with the entire five-sixths interest after Arthur's death, and that this transact
-
122 F.2d 230·
9th Cir.·
1941-08-20
The court held that Parker received the stock as a gift from his wife, not as a transferee of the taxpayer's estate, thus he was not liable for the taxpayer's unpaid taxes.