Lee v. Lee

Summary

The Florida Third District Court of Appeal held that Nicole Lee’s disclaimer of her interest in her father’s intestate estate satisfied the statutory requirements under Florida’s Uniform Disclaimer of Property Interests Act. The absence of a legal description prevented the disclaimer from providing constructive notice through recordation but did not invalidate it between the disclaimant and the person receiving the property; the court also concluded that the disclaimer met the applicable statute of frauds requirements.

Holdings

1. The disclaimer met each statutory requirement for an effective disclaimer under section 739.104(3), Florida Statutes.
2. The absence of a legal description of the real property made the disclaimer incapable of recordation under section 739.601(1), but did not otherwise affect the disclaimer's validity between the disclaimant and the person to whom the property passed.
3. Even if Florida's statute of frauds applies to disclaimers of real property governed by chapter 739, Nicole Lee's disclaimer satisfied it because the disclaimer was written and signed by the party to be charged.

Questions Presented

1. Whether Nicole Lee's disclaimer satisfied the statutory requirements of section 739.104(3), Florida Statutes, despite not containing a legal description of the real property.
2. Whether the absence of a legal description rendered the disclaimer invalid under section 739.601, Florida Statutes.
3. Whether the disclaimer violated Florida's statute of frauds, section 725.01, Florida Statutes.

Disposition

reversed_and_remanded