Florida Statute 655.79 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVIII
BANKS AND BANKING

Chapter 655
FINANCIAL INSTITUTIONS GENERALLY

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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.

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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 Citing Statute 655.79

Total Results: 18

LOUMPOS v. RAYMOND JAMES & ASSOCIATES, INC., BANK ONE

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-02T00:00:00-07:00

Snippet: nor section 655.79(1) eliminated the common law requirement that 4 Section 655.79 replaced former… entireties account. She also relied on section 655.79(1), Florida Statutes (2017), arguing that it codified…Beal Bank and that her interpretation of section 655.79(1) is not supported by the statute's text,…x27;s discussion of the last sentence in section 655.79(1) as additional support for her position. That…conclusion—it simply declares that under section 655.79(1), "[n]o one need establish all the common

GROVER L. LARKINS, JR. v. SERGIO L. MENDEZ, etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-05-17T00:53:00-07:00

Snippet: The controlling statute, though – section 655.79 of the Florida Statutes – is clear and unambiguous…In relevant part, the statute reads: 655.79. Deposits and accounts in two or more names; …vest in the surviving person or persons. . . . § 655.79, Fla. Stat. (2021) (emphasis added). Hence…While the contempt order correctly cites to section 655.79, it appears that, in making its finding, the probate…account with a right of survivorship. In Section 655.79, though, the Legislature has expressly defined

STOREY MOUNTAIN, LLC a/a/o IBERIABANK v. MAJESTIC LAND HOLDINGS, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

Snippet: overcome the statutory presumption created by section 655.79(1), Florida Statutes (2011), in favor of the account… rejected Storey Mountain’s reliance on section 655.79(1), which was amended after the decision in Beal…entirety unless otherwise specified in writing.” § 655.79(1), Fla. Stat. (2011) (emphasis added); see also…also “urge[d] the Legislature” to amend section 655.79(1) to codify in Florida’s statutory law the common… Legislature added the last sentence to section 655.79(1), quoted above, thereby codifying in Florida’

STEFANO VERSACE v. URUVEN, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-12T00:53:00-07:00

Snippet: did more than that in in 2008 by amending section 655.79(1), Florida Statutes, to provide: “Any deposit …the formation of the account. Of course, section 655.79(1) now eliminates even that showing, as all spousal… should be made. This was reinforced by section 655.79(1), which makes the signature card conclusive. …Oct. 2011) 15 (“Presumably [according to Section 655.79(1] there is no longer a requirement to establish

JAMES J. GIBSON & DR. LORI G. GIBSON v. WACHOVIA BANK

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-13T00:00:00-07:00

Citation: 255 So. 3d 944

Snippet: unless otherwise specified in writing." § 655.79(1), Fla. Stat. (2014). Our record is devoid of …actions created the rebuttable presumption. See § 655.79(1), Fla. Stat. (2014); see also Beal Bank, 780

Keul v. Hodges Blvd. Presbyterian Church

Court: Fla. Dist. Ct. App. | Date Filed: 2015-11-24T00:00:00-08:00

Citation: 180 So. 3d 1074

Snippet: that the magistrate incorrectly applied section 655.79 of the Florida Statutes, as it relates to ownership

Joseph H. Brown v. Frank Brown, Jr.

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-22T00:00:00-07:00

Citation: 149 So. 3d 108

Snippet: ultimately issued a report concluding that section 655.79, Florida Statutes, governed the disposition of …and further that Appellee had satisfied section 655.79, which creates a presumption that title to a joint…the instant case, we conclude first that section 655.79, by its express terms, applies only to joint deposit…accounts. The statute reads, in pertinent part: 655.79 Deposits and accounts in two or more names; presumption…convincing proof of a contrary intent. ... § 655.79, Fla. Stat. (2007) (emphasis added). Neither of

Karr v. Vitry

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-24T00:00:00-08:00

Citation: 135 So. 3d 372

Snippet: survivorship in her favor by virtue of section 655.79, Florida Statutes (2012).2 Because there was no…So.2d 811, 812 (Fla. 2d DCA 1994). Under section 655.79, no specific language of survivorship is required

Wexler v. Rich

Court: Fla. Dist. Ct. App. | Date Filed: 2012-02-22T00:00:00-08:00

Citation: 80 So. 3d 1097

Snippet: parties have not argued the application of section 655.79(1), Florida Statutes (2009), apparently believing… issue of whether the 2008 amendment to section 655.79(1), Florida Statutes (2009), could be retroactively

LAURITSEN v. Wallace

Court: Fla. Dist. Ct. App. | Date Filed: 2011-04-01T00:00:00-07:00

Citation: 67 So. 3d 285

Snippet: creditors of the decedent's probate estate. See § 655.79, Fla. Stat. (2007) (permitting bank accounts to

Caputo v. Nouskhajian

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-19T00:00:00-08:00

Citation: 871 So. 2d 266

Snippet: to fund the trust. Karen maintains that section 655.79, Florida Statutes (2000), allows the presumption

Beal Bank, SSB v. Almand and Associates

Court: Fla. | Date Filed: 2001-02-28T23:53:00-08:00

Citation: 780 So. 2d 45

Snippet: enact such a requirement. For example, section 655.79(1), Florida Statutes (2000), provides that when…convincing evidence of a contrary intent. See § 655.79(2); see generally In re Estate of Combee, 601 So

Miller v. Bristow

Court: Fla. Dist. Ct. App. | Date Filed: 1998-01-09T00:00:00-08:00

Citation: 704 So. 2d 727

Snippet: complaint against Miller was filed pursuant to section 655.79(2), Florida Statutes (1993). This statute addresses… no relief entitling it to this amount. Section 655.79(2) does not apply to these funds because they were

Mulato v. Mulato

Court: Fla. Dist. Ct. App. | Date Filed: 1997-12-23T23:53:00-08:00

Citation: 705 So. 2d 57

Snippet: of her survivorship rights. According to section 655.79, Florida Statutes (1995): [A] deposit account in…possession, dominion, control, or acceptance. § 655.79(1),(2) (emphasis supplied); see also In re Estate

Herring v. Henderson

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-20T00:00:00-08:00

Citation: 670 So. 2d 145, 1996 Fla. App. LEXIS 2633, 1996 WL 119501

Snippet: DCA 1990). . Section 655.79, Florida Statutes (Supp.1992), provides: 655.79 Deposits and accounts in… the certificate of deposit pursuant to section 655.79, Florida Statutes (Supp.1992),2 *147and since that…judgment: 1. This court examined Florida Statute § 655.79, which became effective on July, 1992, and determines… court concluded that, whether applying section 655.79 or section 658.56, no presumption of joint interest…On appeal, Robert J. Herring argues that section 655.79 is applicable to determine the rights of the parties

Sitomer v. Orlan

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-30T00:53:00-07:00

Citation: 660 So. 2d 1111

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

Davis v. Foulkrod

Court: Fla. Dist. Ct. App. | Date Filed: 1994-09-21T00:00:00-07:00

Citation: 642 So. 2d 1129, 1994 Fla. App. LEXIS 8999, 1994 WL 513930

Snippet: . 92-303, § 48, Laws of Fla. [now codified as § 655.79, Fla.Stat. (1993)]. No. 92-1565 District

Campbell v. Kauffman Milling Co.

Court: Fla. | Date Filed: 1900-06-14T23:53:00-08:00

Citation: 42 Fla. 328

Snippet: said sum of $2,655.79, or any part thereof, so that the whole of said sum of $2,655.79 as well as the …Gibbens was indebted to orator in the sum of $2,655.79 then past due and owing, and also had in his hands…against the said Gibbens for the said sum of $2,655.79 and also for the sum of said flour accounts so …complainant on the 5th of January, 1893, in the sum of $2,655.79. He admits the making of the assignment to Campbell…theretofore obtained against this defendlant for $2,655.79. He denies that at the date of the filing of the