In Re Estate Of Combee

601 So.2d 1165 (1992)

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

Lettie Combee died leaving a will which put the bulk of her estate in trust for the benefit of her two grandchildren, Linda Farmer and Raymond Combee. The will named Lettie's nieces, Irma and Dorothy as personal representatives and cotrustees of the trust. When Lettie died, she owned real estate in excess of $500,000 as well as several bank accounts. Two of the bank accounts were joint accounts with right of survivorship in which Irma and Dorothy were signatories. The trial court ruled that the presumption of the joint accounts with right of survivorship had been overcome as it was Lettie's intent not to create survivorship accounts. The court of appeals reversed that ruling; the evidence was insufficient to rebut the presumption.