Parker v. Parker

Parker v. Parker, 185 So.3d 616 (Fla. 4th DCA 2016)

This decision deals with whether an estate is an indispensable party in a proceeding to recover properties transferred by the decedent prior to his death.  The beneficiaries of the estate argued that the estate was an indispensable party pursuant to F.S. 733.607, which provides, generally, that a personal representative has the right to take control of the decedent's property.  The Court held that since properties transferred during the decedent's life are no longer the decedent's property, the estate does not need to be joined as a party to a suit to set aside those lifetime transfers.

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