Carter v. Percy

708 N.W.2d 645 (2006)

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Nature of the Case

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Facts

During the 10 years prior to Lamplaugh's death, P performed housekeeping and other household duties for him. P paid Lamplaugh's bills, cleaned his home, dispensed his medicine, mowed his yard, did his laundry, took him on errands, and accompanied him to the doctor. On the morning of June 10, 2002, P arrived at Lamplaugh's home and discovered Lamplaugh on the floor, deceased. P notified the authorities and traveled to the hospital, where Lamplaugh was pronounced dead. When P left the hospital, she stopped at the Bank to deposit two checks written to her on Lamplaugh's account. One check, dated June 6, 2002, was for $50 for cleaning services P had performed the previous week. The other check, dated June 9, 2002, was for $80,000. According to P, Lamplaugh gave her the check to enable her to buy a liquor store located in North Platte that was for sale at the time of Lamplaugh's death. After learning of Lamplaugh's death and subsequently contacting Lamplaugh's sister, the pay-on-death beneficiary of the account, the Bank reversed the transaction, placed a hold on the account, and notified P. Eventually, D was appointed as successor personal representative. P filed a petition for allowance of claim against the estate for $80,098, including the amount of the two checks and an additional $48 that P spent to change the locks at Lamplaugh's home on the day he died. No fraud had been alleged by the estate, and the court found that P acted out of 'genuine fondness or love' for Lamplaugh and found no evidence of fraudulent intent or action on P's part. The court concluded that the check showed sufficient indicia of donative intent to be a valid gift. It rejected D's argument that Lamplaugh's death before redemption of the check nullified the gift. D appealed.