In Re Estate Of Myers

825 N.W.2d 1 (2012)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Karen died on November 2, 2009, survived by her spouse, Howard. Rex Picken (D), Karen's brother and the executor of her estate, admitted Karen's will to probate on November 20. At the time of her death, Karen owned a number of assets, either jointly or individually, which were valued at $479,989.29. Howard became the sole owner of real estate and other property he and Karen owned as joint tenants with right of survivorship. Karen left no other property to Howard in her will, aside from some household furnishings. Karen bequeathed the rest of her property to her daughters and stepson. The assets at issue in this appeal are a checking account and certificate of deposit at the First Federal Savings Bank valued at $91,085.71 and an annuity with River Resource Funds valued at $18,978.80. All three of these assets were accompanied by beneficiary designations that made them payable on death to Karen's daughters. Howard assigned his interest in Karen's estate, including his right to an elective share, to the heirs of DeLillian Peterson, the Ramona Russell Trust, and the Helen B. Anderson Trust (P). P filed an application to set off the surviving spouse's share. P requested that the probate court determine, as an initial matter, whether a checking account, certificate of deposit, and annuity (all subject to POD provisions) should be included in Howard's elective share. The court concluded that assets in a revocable trust were to be included in the surviving spouse's elective share. D appealed.