Pennie L. Keul v. Hodges Blvd. Presbyterian Church

Summary

A Florida appellate court held that a payable-on-death (POD) account designation is a will substitute subject to invalidation for undue influence, applying the presumption of undue influence when a beneficiary in a confidential relationship actively procures the designation. The court also affirmed that a trial court may order a personal representative to return improperly disbursed estate funds under section 733.812, Florida Statutes, as an alternative to a money judgment, and that civil contempt protections prevent unconstitutional incarceration.

Holdings

1. A POD designation, as a will substitute, is subject to challenge and invalidation on grounds of undue influence under Florida law, consistent with the state's public policy against abuse of fiduciary or confidential relationships.
2. An order requiring a personal representative to return to the estate the specific amount of money improperly disbursed from credit union accounts is proper and authorized under section 733.812, Florida Statutes; the availability of contempt sanctions for noncompliance does not render the order erroneous, and any challenge to incarceration is premature where none has been ordered.

Questions Presented

1. Whether a payable-on-death (POD) designation can be invalidated for undue influence under Florida law.
2. Whether the trial court had authority to order the personal representative to return improperly disbursed funds to the estate, rather than entering a money judgment.

Disposition

affirmed