Probate & Trusts - Payable on Death
Probate & Trusts - Payable on Death
Beneficiary’s claim that account was ‘payable on death’ account despite decedent’s failure to finish paperwork before death survives demurrer.
A California Court of Appeals reversed the probate court’s decision in ADRIA E. UNDERWOOD v. VALERIE PEARCHE et al. The case involved $2 million from the estate of James Donald Gardner, who died on October 11, 2006. Appellant claims that the money should go to her and her daughter (decedent’s mother and sister) because that was the decedent’s intention, even though he didn’t complete the necessary paperwork prior to his death. Respondents (decedent’s ex-wives and children) claim that the money should go to his children. The probate court granted respondents’ demurrer, without leave to amend. The appellate court reversed this decision.
Beneficiary’s claim that account was ‘payable on death’ account despite decedent’s failure to finish paperwork before death survives demurrer.
A California Court of Appeals reversed the probate court’s decision in ADRIA E. UNDERWOOD v. VALERIE PEARCHE et al. The case involved $2 million from the estate of James Donald Gardner, who died on October 11, 2006. Appellant claims that the money should go to her and her daughter (decedent’s mother and sister) because that was the decedent’s intention, even though he didn’t complete the necessary paperwork prior to his death. Respondents (decedent’s ex-wives and children) claim that the money should go to his children. The probate court granted respondents’ demurrer, without leave to amend. The appellate court reversed this decision.
