Flinn v. Van Devere
Florida District Court of Appeal
502 So. 2d 454 (Fla. Ct. App 1986)
- Written by Liz Nakamura, JD
Facts
Ms. Van Devere, decedent, executed a revocable inter vivos trust prior to her death in accordance with all trust-execution formalities. The revocable trust included certain real property owned by Ms. Van Devere, and the trust instrument stated that it “delivered” the trust property to the trustee. However, Ms. Van Devere did not execute a deed conveying the real property to the trustee of the revocable trust to accompany the trust instrument. Following a challenge raised as to the validity of the transfer of real property to the trust, the trial court held that the real property was not validly transferred to the revocable trust and remained an estate asset. Lucy and David Flinn (plaintiffs), trust beneficiaries, appealed.
Rule of Law
Issue
Holding and Reasoning (Schwartz, C.J.)
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