In short: In Larkins v. Mendez (Fla. 3d DCA 2023), a son on his father’s bank account as a joint owner with right of survivorship withdrew about $314,000 after the father died. The court held the § 655.79 survivorship presumption is rebuttable by clear and convincing evidence and affirmed that it was really a convenience account belonging to the estate.
Adding an adult child to a bank account is one of the most common estate planning shortcuts, and one of the most litigated.
The Facts
In 2006, a father added his son to a bank account and checked the right-of-survivorship box. The convenience-account box was left blank. After the father died in 2016, the son withdrew about $314,168. The probate court found the father meant the money to be shared among his three sons and treated the account as an estate asset.
The Decision
The Third District affirmed in part and reversed in part (Nos. 3D21-2039 & 3D22-0484, May 17, 2023).
- The account: Under § 655.79, a joint account with right of survivorship is presumed to pass to the surviving owner. That presumption can be overcome by clear and convincing evidence of a different intent. The probate court properly considered parol evidence, including the son’s testimony and a neighbor’s contemporaneous notes, showing the account was for paying the father’s bills.
- The contempt order: reversed, because the judge signed an order drafted by the personal representative within minutes, without input from the other side, giving the appearance that the judge had not exercised independent judgment.
Why It Matters
The signature card isn’t the end of the analysis. Families fighting over a joint account should gather evidence of why the account was opened and how it was used: who deposited, who wrote checks, and what the parent said.
Convenience Accounts Under Florida Law
Florida law provides a specific convenience account designation (§ 655.80) that gives the added person authority to pay bills without ownership. If that is what the parent wants, the parent should use it, or a durable power of attorney, rather than a joint account.
Lessons
- Parents: say what you mean on the bank form and in writing.
- Surviving joint owners: expect a challenge if other heirs believe the account was for convenience.
- Heirs: the burden is high (clear and convincing evidence), so contemporaneous documents matter.
Source: Larkins v. Mendez, Nos. 3D21-2039 & 3D22-0484 (Fla. 3d DCA May 17, 2023).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Joint Account or Convenience Account? | Fla. Stat. §655.79 and the Signature Card
Go Deeper
Frequently Asked Questions
Does a joint bank account go to the survivor in Florida?
Presumptively yes under § 655.79, but the presumption can be rebutted by clear and convincing evidence of a different intent.
What is a convenience account in Florida?
An account under § 655.80 where the added person can transact business but doesn’t own the funds; they pass to the owner’s estate at death.
Can parol evidence be used to challenge a joint account?
Yes. In Larkins, testimony and a neighbor’s notes showed the account was for convenience.
What happened to the money in Larkins?
The court treated the roughly $314,000 as an estate asset to be shared among the heirs.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate litigation and appeals from St. Petersburg. If you need a probate appeal lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
