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Florida Probate Blog

Posts Tagged: joint property

Pre-Marital Agreements and Joint Property

Written by on Oct 2, 2009| Posted in: Estate Litigation

Therefore, while Sharyn Turchin was absolutely correct that a gift is presumed under Florida law when property is purchased by one spouse but placed in the names of both parties, this presumption does not apply when the antenuptial agreement specifically designates how the jointly held property is to be distributed. Thus, Sharyn was entitled to only one-half of the proceeds from the sale of the Coconut Isle property that was left in the parties’ joint account. With respect to the proceeds from the satisfaction of the Aqua Vista mortgage, the court, again relying upon the terms of the prenuptial agreement, ruled that she had no right to or interest in the proceeds.

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Does a co-owner of jointly-held property get the mortgage paid if the Will requires payment of debts?

Written by on Apr 2, 2009| Posted in: Estate Litigation

Court rules that a Will’s direction for payment of “all just debts” did not require exoneration of jointly held property. Under the common law doctrine of exoneration, an heir or devisee is generally entitled to have encumbrances upon real estate paid by the estate unless the will directs otherwise. The Florida Probate Code abrogates this common law doctrine and directs that the specific devisee of any encumbered property is entitled to have the encumbrance paid at the expense of the residue of the estate only when the will shows that intent. Fla. Stat. ยง733.803.

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