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SCOTT v. REYES

Nos. 2D04-4610, 2D04-5345.

913 So.2d 13 (2005)

Debra Jean SCOTT, Individually, and as Personal Representative of the Estate of Elliott Stephen Scott, Appellant, v. Melissa Scott REYES, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 3, 2005.

Attorney(s) appearing for the Case

Joseph W. Fleece, III, of Baskin Fleece, Clearwater, for Appellant, Individually.

Thomas J. Ellwanger, Bonita Kneeland Brown, and Gregory A. Richards, Jr., of Fowler White Boggs Banker P.A., Tampa, for Appellant as Personal Representative of the Estate of Elliott Stephen Scott.

Marie Tomassi and Karen E. Lewis of Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., St. Petersburg, for Appellee.

WALLACE, Judge.

In this case we are asked to determine whether the "trust exception" to the requirements of the claims provisions of the Florida Probate Code is applicable to the claim of a former co-tenant based on the joint ownership of two accounts that the decedent reestablished in his sole name without the knowledge or consent of the co-tenant. Because the decedent's act of reestablishing the accounts in his name alone amounted to an assertion of beneficial ownership...

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