PROBATE CORNER
PROBATE CORNER
Overcoming The Presumption Of Ownership Of A Convenience Account ( Continued )
DAVID M . GARTEN
REASONING : Defendant argued that the probate court erred , as a matter of law , by determining that the bank account was a convenience account , such that , upon decedent ' s death , the proceeds in the account became estate assets . Defendant asserted that , based on the signature card , decedent ' s bank account was converted to a joint account with a right of survivorship . Defendant argues that , because decedent was offered a " menu " listing the types of account to be created , and because decedent ( and defendant ) selected from that menu the " multiple party account with right of survivorship option " and , despite there being a place on the signature card to do so , did not designate the account as a " convenience account ," an irrebuttable presumption arose that the account was a joint account with a right of survivorship . In sum , defendant argues that the probate court ' s inquiry should have been limited to the express intent as manifested by the bank ' s signature card , and , therefore , by operation of law , the account proceeds became his upon his father ' s death .
The court held that § 655.79 , F . S ., is clear and unambiguous as it plainly states that the presumption created by the choice selected on the signature card is rebuttable and may be overcome by clear and convincing proof of a contrary intent . Hence , contrary to defendant ’ s assertion , the probate court ' s inquiry was not limited to the four corners of the signature card ; rather , its inquiry was whether the PR established , by clear and convincing evidence , that , notwithstanding the signature card , decedent ' s intent was to create a convenience account . Thus , on appeal , the inquiry , was whether there exists competent , substantial evidence of " clear and convincing proof of a contrary intent ." Put another way , because the signature card executed in connection with the conversion of the bank account indicated that the account would be a joint account with a right of survivorship , the court reviewed the trial record to determine whether there was competent , substantial evidence - of a clear and convincing nature - supporting the probate court ' s conclusion that decedent intended for this account to be a convenience account , rather than a joint account with a right of survivorship . The court concluded that : ( a ) parol evidence was admissible to overcome the presumption that a decedent ' s joint bank account is held with a right of survivorship , ( b ) that the evidence constituted clear and convincing proof that decedent intended , and ( c ) that defendant understood , that the account be a convenience account , rather than a
Adam Rabin arabin @ rkjlawgroup . com
Christopher Kammerer ckammerer @ rkjlawgroup . com joint account with a right of survivorship .
Practitioner ’ s Corner : An appellate court ' s standard of review of a trial court ' s findings based on clear and convincing evidence is " whether there exists in the record competent substantial evidence to support the judgment of the trial court ." See Larkins at HN3 , citing Reid v . Estate of Sonder , 63 So . 3d 7 ( Fla . 3d DCA 2011 ). See also Morey v . Everbank , 93 So . 3d 482 ( Fla . 1st DCA 2012 ) ( an appellate court may not overturn a trial court ' s finding regarding the sufficiency of the evidence unless the finding is unsupported by record evidence , or as a matter of law , no one could reasonably find such evidence to be clear and convincing .)
Andrew Abreu aabreu @ rkjlawgroup . com
Jennifer Rabin , CAO jrabin @ rkjlawgroup . com
Lauren Johnson ljohnson @ rkjlawgroup . com
Janet Furness , FRP janet @ rkjlawgroup . com
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Havan Clark hclark @ rkjlawgroup . com
PBCBA BAR BULLETIN 19