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Florida Inter Vivos Transfers: As a Matter of Law, Is a Personal Representative of a Decedent’s Estate Always Required to be a Party in an Inter Vivos Case?

Uncategorized • Apr 1, 2016
post about Florida Inter Vivos Transfers: As a Matter of Law, Is a Personal Representative of a Decedent’s Estate Always Required to be a Party in an Inter Vivos Case?

Are you dealing with a Florida trust or estate conflict involving inter vivos transfers? What do Florida probate litigators need to know about this issue?

Check out this recent case from the Fourth District Court of Appeal(DCA) of Florida to learn more.

Parker v. Parker

  • In this Florida case, dated February 3, 2016, the Fourth DCA reversed a trial court’s decision that dismissed the appellant’s complaint for “failure to join the decedent’s estate as an indispensable party to the action pursuant to section 733.607, Florida Statutes.”
  • What are indispensable parties?
  • “Indispensable parties are necessary parties so essential to a suit that no final decision can be rendered without their joinder.” Hertz Corp. v. Piccolo, 453 So.2d 12, 14 n.3 (Fla 1984).
  • Here, the parties were involved with a Florida lawsuit that was filed for the purpose of setting aside conveyances of property by the decedent, their deceased father and husband.
  • Florida Statute 733.607 provides that a personal representative has rights to property that is in the decedent’s possession at death.
  • However, in this case, the possessions involved in the lawsuit were not in decedent’s possession at the time of his death and, therefore, were not part of the decedent’s estate.
  • This is because the decedent had transferred them inter vivos.
  • What does this mean?
  • The decedent had transferred the possessions while he was living.
  • Cases involving inter vivos transfers can be confusing and challenging.
  • If you find yourself involved in one of these types of cases, it is always best to contact a probate litigation attorney.

Want to learn more?

Check out the entire case by clicking here.

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