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Florida Probate Lawyers

Since 1971

Joint Bank Account Litigation

In some situations, the ownership of joint bank accounts will be in dispute upon the death of one owner.  Under Florida law, there is a presumption that jointly titled accounts become the property of the survivor upon the death of the first owner.  However, this presumption can be disproven upon sufficient evidence to the contrary.  A joint account that is intended to be paid to the survivor is called a survivorship account.  A joint account that is intended to be paid to the estate upon the death of the owner is called a convenience account.

Sometimes the account documents are created or changed as a result of undue influence or in circumstances where the account owner did not have sufficient legal capacity.   Florida law allows for the challenge of the account documents as a result of undue influence or lack of capacity.

In other situations, one owner of joint funds might have improperly transferred funds out of the joint account to another.  In such a case, a lawsuit can be brought for the recovery of the joint funds improperly taken.

More information regarding the titling of bank accounts and real estate can be found here.

If you are involved in a dispute over a joint account, please contact Clark Skatoff, PA, at (561) 842-4868.







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