In Matter Of The Estate Of Ingram

874 P.2d 1282 (1994)

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Nature of the Case

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Facts

Lola established a savings and checking account with a co-signor named Shirley, one of her daughters. She eventually purchased three certificates of deposit, which named Shirley as co-tenant in a joint tenancy relationship. The CD’s specifically established joint tenancy with the right of survivorship. Four days prior to her death, Lola wrote a holographic will stating she wanted all her estate including the CD’s divided equally among her four children. After Lola’s death, Shirley kept the money from the checking and savings account and the CD’s but sold her mother’s house and car and distributed the proceeds equally among the four children. The three other children objected and argued that the money from the accounts and the CD’s were subject to the will. At trial, it was discovered that Shirley contributed none of the money and that the interest was claimed 100% by Lola and that Shirley had never used any of the money in the accounts. Testimony was that Shirley’s name was put there so someone could pay her bills if she was unable to do so and that Lola wanted everything divided among the children. The trial court held that the accounts and CD’s were to be made part of the estate. This appeal resulted.