Harvey M. Pert, Transferee - Page 29

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          she was the only beneficiary and personal representative of the             
          estate and she needed funds.  He believed that the claims against           
          the estate, not including those made by respondent, could be paid           
          from the Peoples State Bank account.  His testimony and that of             
          the revenue agent show that the funds initially deposited in the            
          accounts at C&S were from Mr. Riffe's estate.                               
               Petitioners suggest that Mrs. Pert owned the contents of the           
          safe deposit boxes (and the other items in the inventory) with              
          Mr. Riffe as tenants by the entireties.  We disagree.  There is             
          no tenancy by the entireties between spouses if a surviving                 
          spouse has no control over a safe deposit box, even if the                  
          surviving spouse had access to it.  Bechtel v. Estate of Bechtel,           
          330 So. 2d 217 (Fla. Dist. Ct. App. 1976).  Mrs. Pert had neither           
          access to nor control of the safe deposit boxes.  Also, Mrs. Pert           
          did not claim that she owned the cash or other property with Mr.            
          Riffe as tenants by the entireties in the Preliminary Notice and            
          Report filed with the Florida Department of Revenue.                        
               b. Whether Respondent's Claim Arose Before Mr. Riffe's                 
                    Estate Transferred Assets to Mrs. Pert                            
               To establish liability under Fla. Stat. Ann. section                   
          726.106(1) (West 1988), respondent must prove that respondent's             
          claim arose before Mr. Riffe's estate transferred assets to Mrs.            
          Pert.                                                                       
               Petitioners contend that respondent's claim had not arisen             
          when the transfers were made because respondent had not yet                 




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