A dispute among siblings arose regarding ownership and disposition of a Florida condominium held in joint tenancy between an elderly incapable mother and one daughter.
The court considered whether a 2004 transfer creating the joint tenancy conveyed a beneficial interest or was subject to a resulting trust, applying the principles in Pecore v. Pecore.
The court held that the gratuitous transfer raised a presumption of resulting trust that the daughter failed to rebut, leaving the beneficial ownership with the mother.
The court ordered that the property be sold to fund the incapable person’s care, subject to the daughter’s right to purchase it at a price reflecting reimbursement for certain renovation expenses.
Costs were awarded to the opposing siblings who were substantially successful.
