Summary
The decedent’s estate is not an indispensable party under Fla. Stat. § 733.607 in an action to set aside inter vivos conveyances for undue influence, because the properties were transferred before death and thus never became part of the estate. The Fourth District reversed the trial court’s dismissal, holding that Florida law permits children to challenge pre‑death transfers without joining the estate.
Holdings
- The decedent's estate is not an indispensable party under section 733.607 when the properties were conveyed inter vivos and thus not part of the estate at death, and the estate need not be joined for a final decision to be rendered.
Questions Presented
- Whether a decedent's estate is an indispensable party under section 733.607, Florida Statutes, in an action seeking to set aside inter vivos conveyances based on allegations of undue influence.
Disposition
reversed_and_remanded
Cases Cited (14)
- Fla. Dep't of Revenue v. Cummings, 930 So. 2d 604 (Fla. 2006)(applied)
- Kasischke v. State, 991 So. 2d 803 (Fla. 2008)(quoted)
- Kephart v. Hadi, 932 So. 2d 1086 (Fla. 2006)(quoted)
- Citibank, N.A. v. Villanueva, 174 So. 3d 612 (Fla. 4th DCA 2015)(applied)
- Hertz Corp. v. Piccolo, 453 So. 2d 12 (Fla. 1984)(quoted)
- Prat v. Carns, 85 So. 681 (Fla. 1920)(relied_upon)
- Mulato v. Mulato, 705 So. 2d 57 (Fla. 4th DCA 1997)(relied_upon)
- Dunn v. White, 500 So. 2d 565 (Fla. 2d DCA 1986)(relied_upon)
- Omel v. Simpson, 386 So. 2d 2 (Fla. 4th DCA 1980)(relied_upon)
- Barger v. Barger, 183 So. 2d 253 (Fla. 2d DCA 1966)(relied_upon)
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Cited In (0)
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Court Document
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