Sunday, March 16, 2014

TENANCY BY THE ENTIRETIES PRESUMPTION REJECTED IN GUARDIANSHIP PROCEEDING [FLORIDA]

Beal Bank, SSB v. Almand & Associates, 780 So.2d 45 (Fla. 2001) is well-known for its presumption that bank accounts held by spouses are held as tenants by the entireties. however, a recent Florida case holds that Beal Bank is inapplicable in regard to claims for fees by a guardian and his attorney against such a joint account. It also held that such account can be reached by those persons even after the ward’s death when the account passed by survivorship to the surviving spouse.

No need to reinvent the wheel here – read about it in more detail at my daughter’s blog, Rubin on Probate Litigation.

Romano v. Olshen, --- So.3d --- (2014), 2014 WL 940700

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