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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…

Goodstein v. Goodstein

Goodstein v. Goodstein,  --- So.3d --- (Fla. 4th DCA 2019)

I started this blog in 2013, and this is the first time I have the opportunity to write about a case that I am actually involved in. This case involves a long-running dispute between the father of the decedent, the personal representative of the estate, and the decedent's children, the beneficiaries of the estate (the personal representative's grandchildren). The personal representative appealed a decision by the trial court which required all estate assets to be placed in a restricted depository.
Restricted depositories have been common-place in Miami-Dade County for quite some time. Recently, South Palm Beach County has instituted as similar requirement. As a matter of course, all estates opened since the introduction of this policy have been required to place all assets in a restricted depository and assets may only be withdrawn with a court order.
Here, the beneficiaries had concerns about their actions as personal…

Maldonado v. Buchsbaum

Maldonado v. Buchsbaum, --- So.3d --- (Fla. 4th DCA 2018)
In certain situations, it is possible to get a temporary injunction without notice, but a court should not do so without strictly complying with the rules governing injunctions. In this case, the surviving spouse sought a temporary injunction against the decedent's aide who had allegedly fostered a relationship with the decedent and alienated him from his spouse during life. Following his death, the wife sought to enjoin the aide from taking possession of estate assets, destroying financial documents or representing to others that she was the sole beneficiary of the estate or representative of the decedent. 
The trial court issued the temporary injunction without notice to the aide based on spouse's argument that notice of the proceedings prior to the issuance of the injunction would afford the aide the opportunity to transfer assets out of the country. The Court found that the injunction was appropriate but that the tria…