Flagship National Bank of Boynton Beach v. Kelley

District Court of Appeal of Florida

Flagship National Bank of Boynton Beach v. Kelley

516 So. 2d 1067, 1987 Fla. App. LEXIS 11535, 1987 WL 2642

CourtDistrict Court of Appeal of Florida

DecidedDecember 16, 1987

DocketNo. 87-0424

StatusPublished

This text of 516 So. 2d 1067 (Flagship National Bank of Boynton Beach v. Kelley) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Flagship National Bank of Boynton Beach v. Kelley, 516 So. 2d 1067, 1987 Fla. App. LEXIS 11535, 1987 WL 2642 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

We review on this appeal whether the trial court erred in determining that certain assets were estate rather than trust assets. The decedent created a living trust which provided for the inter vivos conveyance of certain personal property to trustees. The trust document referred to a list of personal assets to be attached to the trust document to effectuate the conveyance. The list was never attached. The decedent also left a will which contained a provision disposing of assets by a separate writing, pursuant to section 732.515, Florida Statutes. A list disposing of personal property was found in decedent’s safe with both the trust and the will. Consequently, a question of fact arose as to whether the personal property in question had been conveyed into the living trust or whether it had [1068]*1068passed under the separate writing provision of the will. We find no abuse of discretion in the trial court’s determination that the property passed under decedent’s estate. We therefore affirm.

DELL, WALDEN and STONE, JJ., concur.

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PER CURIAM.

We review on this appeal whether the trial court erred in determining that certain assets were estate rather than trust assets. The decedent created a living trust which provided for the inter vivos conveyance of certain personal property to trustees. The trust document referred to a list of personal assets to be attached to the trust document to effectuate the conveyance. The list was never attached. The decedent also left a will which contained a provision disposing of assets by a separate writing, pursuant to section 732.515, Florida Statutes. A list disposing of personal property was found in decedent’s safe with both the trust and the will. Consequently, a question of fact arose as to whether the personal property in question had been conveyed into the living trust or whether it had [1068]*1068passed under the separate writing provision of the will. We find no abuse of discretion in the trial court’s determination that the property passed under decedent’s estate. We therefore affirm.

DELL, WALDEN and STONE, JJ., concur.

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Bluebook (online)

516 So. 2d 1067, 1987 Fla. App. LEXIS 11535, 1987 WL 2642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flagship-national-bank-of-boynton-beach-v-kelley-fladistctapp-1987.