## Facts

- Andre Lee died intestate, survived by three children, including Nicole Lee (an heir) and Camille Lee (appointed personal representative).
- The estate’s primary assets included Miami real property and settlement proceeds from a wrongful-death claim.
- Before Camille’s appointment as personal representative, Nicole signed a notarized, witnessed writing titled “Disclaimer of Interest in Property of Estate.”
- The disclaimer stated that Nicole “irrevocably disclaim[ed] all right, title, and interest” in “All Estate assets.”
- After the disclaimer was later filed in the probate proceeding, the probate court entered an order distributing estate assets in reliance on it.
- About a year later, Nicole objected to discharge and distribution, asserting the disclaimer was deficient.
- The probate court ruled the disclaimer was legally insufficient under Florida Statutes § 739.104(3) and also invalid under the statute of frauds because it did not specifically identify the real property.
- Camille appealed as personal representative.

## Issues

1. Whether a written disclaimer stating it disclaims “All Estate assets” sufficiently “describe[s] the interest or power disclaimed” under § 739.104(3), Florida Statutes, without itemizing assets or providing a legal description of real property.
2. Whether Florida’s statute of frauds invalidates a beneficiary’s disclaimer of an estate interest in real property when the disclaimer lacks a specific property description.

## Decision

- The appellate court reversed the probate court’s order and remanded.
- The court held the disclaimer satisfied § 739.104(3) because it was in writing, identified itself as a disclaimer, described the disclaimed interest as the heir’s entire estate interest (“All Estate assets”), was signed, witnessed, acknowledged, and delivered as required.
- The court held the disclaimer did not violate the statute of frauds because a disclaimer is not a conveyance or contract to transfer real property.
- The court explained that chapter 739’s legal-description requirement in § 739.601 concerns recording and constructive notice to third parties, not the disclaimer’s validity for estate distribution among interested persons.

## Legal Principles

- Under § 739.104(3), a disclaimer is effective if it is written, declares it is a disclaimer, describes the interest disclaimed, is signed, is witnessed and acknowledged as deeds are, and is delivered as required by statute.
- A description disclaiming the beneficiary’s entire interest in an estate (e.g., “all estate assets”) can satisfy the statutory “describe the interest” requirement without itemizing each asset or providing a legal description, when the question is validity between interested persons in probate.
- Section 739.601’s legal-description requirement addresses constructive notice through recording for real estate-related disclaimers; it does not impose an additional validity requirement for the disclaimer itself.
- A disclaimer operates as a refusal to accept an interest and is not treated as a transfer by the disclaimant; therefore, the statute of frauds governing real property conveyances does not apply.

## Conclusion

The court required enforcement of an heir’s written disclaimer of “all estate assets,” holding it complied with Florida’s disclaimer statute and was not invalidated by statute-of-frauds principles or by the absence of a real-property legal description when resolving distribution within the estate.


Lee v. Lee, 263 So. 3d 826 (Fla. Dist. Ct. App. 3d Dist. 2019)