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Showing posts from February, 2019

Lee v. Lee

Lee v. Lee, --- So.3d --- (Fla. 3d DCA 2019)
This decision deals with the validity of a disclaimer executed by one of the decedent's daughters. Specifically, the Court considered whether the disclaimer was valid because it did not contain a legal description of the real property being disclaimed. 
Disclaimers are governed by Chapter 739, the Florida Uniform Disclaimer of Property Interests Acts. A valid disclaimer must (1) be in writing, (2) declare that the writing is a disclaimer, (3) describe the interest or power disclaimed, (4) be signed by the person making the disclaimer, (5) be witnessed and acknowledged in the manner provided for by deeds of real estate and (6) be delivered in the manner provided by the statute. F.S. 739.104. 
The statute provides additional requirements if the disclaimer is to be recorded, to provide constructive notice to those conducting a title search regarding real property being disclaimed. It states that a disclaimer "relating to real estate does…