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Florida Statute 655.79 | Lawyer Caselaw & Research
F.S. 655.79 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 655.79

The 2023 Florida Statutes (including Special Session C)

Title XXXVIII
BANKS AND BANKING
Chapter 655
FINANCIAL INSTITUTIONS GENERALLY
View Entire Chapter
F.S. 655.79
655.79 Deposits and accounts in two or more names; presumption as to vesting on death.
(1) Unless otherwise expressly provided in a contract, agreement, or signature card executed in connection with the opening or maintenance of an account, including a certificate of deposit, a deposit account in the names of two or more persons shall be presumed to have been intended by such persons to provide that, upon the death of any one of them, all rights, title, interest, and claim in, to, and in respect of such deposit account, less all proper setoffs and charges in favor of the institution, vest in the surviving person or persons. Any deposit or account made in the name of two persons who are husband and wife shall be considered a tenancy by the entirety unless otherwise specified in writing.
(2) The presumption created in this section may be overcome only by proof of fraud or undue influence or clear and convincing proof of a contrary intent. In the absence of such proof, all rights, title, interest, and claims in, to, and in respect of such deposits and account and the additions thereto, and the obligation of the institution created thereby, less all proper setoffs and charges in favor of the institution against any one or more of such persons, upon the death of any such person, vest in the surviving person or persons, notwithstanding the absence of proof of any donative intent or delivery, possession, dominion, control, or acceptance on the part of any person and notwithstanding that the provisions hereof may constitute or cause a vesting or disposition of property or rights or interests therein, testamentary in nature, which, except for the provisions of this section, would or might otherwise be void or voidable.
(3) This section does not abridge, impair, or affect the validity, effectiveness, or operation of any of the provisions of ss. 655.78 and 674.405 or the rights of institutions to make payments as therein provided.
History.s. 48, ch. 92-303; s. 8, ch. 2008-75.

F.S. 655.79 on Google Scholar

F.S. 655.79 on Casetext

Amendments to 655.79


Arrestable Offenses / Crimes under Fla. Stat. 655.79
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 655.79.



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. GIBSON G. v. WELLS FARGO BANK, N. A., 255 So. 3d 944 (Fla. App. Ct. 2018)

. . . See § 655.79(1), Fla. . . . husband and wife shall be considered a tenancy by the entirety unless otherwise specified in writing." § 655.79 . . .

IN RE BENZAQUEN,, 555 B.R. 63 (Bankr. S.D. Fla. 2016)

. . . In order to resolve this dispute I must consider first, whether a 2008 change in Florida Statute § 655.79 . . . Stat. § 655.79, which, at the time Beal Bank was decided, included a presumption that an account held . . . following sentence to the end of Fla.Stat. § 655.79(1)— “Any deposit or account made in the name of . . . Stat. § 655.79(1) is reversed. b. Fla. . . . Stat. § 655.79 to suggest that the Legislature intended to upend the requirements necessary to create . . .

L. KEUL, v. HODGES BLVD. PRESBYTERIAN CHURCH, In, 180 So. 3d 1074 (Fla. Dist. Ct. App. 2015)

. . . We held that the magistrate incorrectly applied section 655.79 of the Florida Statutes, as it relates . . .

REGIONS BANK, v. S. HYMAN,, 91 F. Supp. 3d 1234 (M.D. Fla. 2015)

. . . Section 655.79, Florida Statutes — tenancy by the entireties account with my wife. . . . Ch. 655.79, F.S. Deposits and accounts in two or more names; presumption as to vesting on death. 1. . . . Stat, and enacted Ch. 655.79. Fla. Stat, applicable to all financial institutions. . . . Under Ch. 655.79, Fla. . . . Ch. 655.79, Fla. . . .

H. BROWN, v. BROWN, Jr., 149 So. 3d 108 (Fla. Dist. Ct. App. 2014)

. . . The magistrate ultimately issued a report concluding that section 655.79, Florida Statutes, governed . . . the disposition of all the above-listed accounts, and further that Appellee had satisfied section 655.79 . . . Examining the magistrate’s report in the instant case, we conclude first that section 655.79, by its . . . The statute reads, in pertinent part: 655.79 Deposits and accounts in two or more names; presumption . . . Consequently, the magistrate erred in applying the statutory presumption in section 655.79 and, more . . .

UNITED STATES v. A. McARTHUR,, 7 F. Supp. 3d 1220 (S.D. Ala. 2014)

. . . . § 655.79(1). . . .

E. KARR, v. VITRY,, 135 So. 3d 372 (Fla. Dist. Ct. App. 2014)

. . . As argued by Karr, this gave rise to a presumption of survivorship in her favor by virtue of section 655.79 . . . Under section 655.79, no specific language of survivorship is required to give rise to the presumption . . .

WEXLER, v. RICH,, 80 So. 3d 1097 (Fla. Dist. Ct. App. 2012)

. . . The parties have not argued the application of section 655.79(1), Florida Statutes (2009), apparently . . . Because it has not been briefed, we do not reach the issue of whether the 2008 amendment to section 655.79 . . .

LAURITSEN, v. WALLACE,, 67 So. 3d 285 (Fla. Dist. Ct. App. 2011)

. . . See § 655.79, Fla. . . .

CAPUTO, v. NOUSKHAJIAN,, 871 So. 2d 266 (Fla. Dist. Ct. App. 2004)

. . . Karen maintains that section 655.79, Florida Statutes (2000), allows the presumption permitting accounts . . .

BEAL BANK, SSB, v. ALMAND AND ASSOCIATES,, 780 So. 2d 45 (Fla. 2001)

. . . For example, section 655.79(1), Florida Statutes (2000), provides that when two people open an account . . . See § 655.79(2); see generally In re Estate of Combee, 601 So.2d 1165, 1166-67 (Fla.1992). . . .

In KELLMAN, P. v. I., 248 B.R. 430 (Bankr. M.D. Fla. 1999)

. . . . § 655.79 (1999) (presumption that account held in two names vests in survivor upon death of other may . . .

MILLER, v. J. BRISTOW, M., 704 So. 2d 727 (Fla. Dist. Ct. App. 1998)

. . . Count I of the estate’s complaint against Miller was filed pursuant to section 655.79(2), Florida Statutes . . . Section 655.79(2) does not apply to these funds because they were not titled jointly in the name of Miller . . .

MULATO, v. MULATO,, 705 So. 2d 57 (Fla. Dist. Ct. App. 1997)

. . . According to section 655.79, Florida Statutes (1995): [A] deposit account in the names of two or more . . . absence of proof of any donative intent or delivery, possession, dominion, control, or acceptance. § 655.79 . . .

In ESTATE OF H. H. HERRING, HERRING, v. A. HENDERSON,, 670 So. 2d 145 (Fla. Dist. Ct. App. 1996)

. . . Herring as the survivor was presumed to own the certificate of deposit pursuant to section 655.79, Florida . . . This court examined Florida Statute § 655.79, which became effective on July, 1992, and determines that . . . It is apparent that the trial court concluded that, whether applying section 655.79 or section 658.56 . . . Herring argues that section 655.79 is applicable to determine the rights of the parties as it was the . . . Section 655.79, Florida Statutes (Supp.1992), provides: 655.79 Deposits and accounts in two or more names . . .

SITOMER, v. M. ORLAN,, 660 So. 2d 1111 (Fla. Dist. Ct. App. 1995)

. . . However, for bank and credit union accounts, section 655.79, Florida Statutes (1993), creates the presumption . . .

In D. BOTTOM, R. DOLLINGER, D. v. D. BOTTOM,, 176 B.R. 950 (Bankr. N.D. Fla. 1994)

. . . . § 655.79 (West). . . .

In S. DUTTA, MATHENY, POIDMORE SEARS,, 175 B.R. 41 (B.A.P. 9th Cir. 1994)

. . . Granted in part for $18,543.50 fees and $655.79 costs for the reasons set forth below. . . .

M. DAVIS, v. FOULKROD, L., 642 So. 2d 1129 (Fla. Dist. Ct. App. 1994)

. . . [now codified as § 655.79, Fla.Stat. (1993)]. . . .