Due Process Required Reasonable Notice Of Stock Share Transfer

Florida’s Fourth District Court of Appeals held that four daughters were deprived of due process rights when a guardianship court ordered the transfer of disputed stock shares without giving notice.  The case involved the joint titling of stocks that were held in a joint tenancy with a right of survivorship between a ward and his daughters.  The ward passed away while he was involved in a lawsuit with his four daughters over the stock shares.  A fifth daughter who had been appointed emergency temporary guardian petitioned for the disputed stocks to be transferred to her from the joint tenancy.  The court granted the transfer order without notifying the other four daughters or holding a hearing.  The Florida appeals court has held this to be a violation of due process rights.  The court’s ruling can be read here.

See Anya Van Veen, Interested Persons In Florida Guardianship Entitled to Due Process, Clark Skatoff PA, July 20, 2015.