[Fredslist] Legal Question URGENT

Bari Bari at barizahn.com
Fri Oct 9 12:52:43 EDT 2009


Hi All,

I am on a bit of a deadline and dealing with my dad's illness in Florida, so I am not able to do any legal research in the moment. As such, if anyone might be able to shed some guidance on the below issue, I would be most grateful:

I am  working with another attorney on a summary judgment that has to be completed tonight for service. 

We represent a woman who was involved in a long term domestic partnership who subsequently split from her partner. Our client receieved substaintial gifts from her father and her father's family.  The couple had a living together agreement which said that gifts are separate and cannot be transferred to the other except in writing.  Our client deposited checks, made payable to her into a joint account. 

Question: is endorsing a check considered a writing? What about signing a paper that adds her partners name onto a joint account- is that a writing?

She believed that she was protected by this agreement and could deposit these gifts into a joint account. If anyone could direct me to any case law or statute which may be helpful to us I would greatly appreciate it and I am sure we could work out some sort of consultancy fee if need be.

Thanks,
Bari
917.690.2885


More information about the Fredslist mailing list