Nunnenman v. Estate Of Grubbs

374 S.W.3d 75 (2010)

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Nature of the Case

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Facts

In 2003, Grubbs transferred his individual retirement account (IRA) to Raymond James and Associates, Inc., naming D as the beneficiary to receive the residue in the event of his death. Grubbs was hospitalized in May 2005 and died on June 9 of that year. On June 3, 2005, decedent summoned an attorney to the hospital, where decedent made and executed a last will and testament that did not mention the IRA account. This will left decedent's entire estate to his mother, P, who was also named as executrix. In that capacity, P filed this action for an injunction freezing the assets of the IRA account based on her assertion that a note that she found in decedent's Bible months after his death had the effect of changing the beneficiary designation in the IRA account to make her the beneficiary. The trial court agreed and awarded her the account. D appealed.