Heritage Properties, Limited Partnership v. Walt & Lee Keenihan Foundation, Inc.

Summary

The court held that the circuit court had jurisdiction over a creditor’s claim seeking to avoid a transfer-on-death account designation and that Heritage had standing to pursue the claim under the Fraudulent Transfers Act. The court further held that summary judgment was improper because the Act permits proof of constructive fraudulent transfer without showing the decedent’s actual intent, and the record raised a factual issue concerning insolvency and the debtor’s ability to pay. The judgment was reversed and the case was remanded for trial.