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JANIEN v. JANIEN

No. 4D06-968, No. 4D06-1719.

939 So.2d 264 (2006)

C. CHRISTOPHER JANIEN, as Personal Representative of the Estate of Frances M. Janien, Appellant, v. CEDRIC J. JANIEN, Appellee.

District Court of Appeal of Florida, Fourth District.

October 18, 2006.

Attorney(s) appearing for the Case

Edward Downey of Downey & Downey, P.A., Palm Beach Gardens, for appellant.

James G. Pressly, Jr. of Pressly & Pressly, P.A. West Palm Beach, for appellee.

GROSS, J.

The issue in this case is whether a decedent created an "elective share trust" within the meaning of section 732.2025(2), Florida Statutes (2005). We hold that the instruments here at issue did not create an elective share trust and affirm.

Frances and Cedric Janien purchased a home as tenants by the entirety in North Chatham, Massachusetts in 1971. In 1973, Cedric executed a quit claim deed transferring to his wife, Frances, "all right, title, and...

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