In Artemis v. Artico, 51 Fla.L.Weekly D40 (4th DCA Dec 31, 2025), an action seeking declaration that an account funded solely by the decedent and opened by the married decedent and his romantic partner was a convenience account and asset of the estate. There was no error in granting summary judgment in favor of the romantic partner. The record shows no genuine dispute that the decedent created the account with his romantic partner so that she could use funds for personal needs. The fact that the account designated the decedent and his partner as joint tenants with right of survivorship is a fatal blow to the state’s assertion that the account fits under section 655.801(1)’s definition of convenience account.
The issue in the case was whether a bank account funded solely by the decedent, opened jointly with his romantic partner, constituted a convenience account and therefore an asset of the estate, despite being titled as a joint account with right of survivorship.
§ 655.80(1), Fla. Statute – Defines a convenience account as one established for the purpose of allowing another person to make transactions for the depositor’s convenience, without survivorship rights.
- The decedent was married but opened a bank account with his romantic partner.
- The decedent solely funded the account.
- The account was expressly designated as a joint tenancy with right of survivorship.
- Evidence showed the decedent intended the partner to use the funds for her personal needs.
- The estate (or state) sought a declaratory judgment that the account was a convenience account and thus part of the estate.
- The trial court granted summary judgment in favor of the romantic partner.
- The estate appealed.
The Fourth District affirmed the grant of summary judgment in favor of the romantic partner.
- There was no genuine dispute of material fact regarding the decedent’s intent.
- The record demonstrated the decedent created the account so the romantic partner could use the funds for herself, not merely for ministerial or convenience purposes.
- The account’s designation as a joint account with right of survivorship was a “fatal blow” to the estate’s argument.
- An account that includes survivorship rights cannot qualify as a convenience account under § 655.801(1).
An account titled as a joint tenancy with right of survivorship, coupled with evidence that the non-decedent account holder was intended to benefit personally from the funds, cannot be recharacterized as a convenience account, even if funded solely by the decedent.
In estate litigation, account titling and survivorship language carry decisive weight. Sole funding by the decedent does not override clear survivorship intent.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and arrange an initial consultation. You may also visit my website at https://www.annmariegildenlaw.com
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