In re Estate of Butler

Before his death, Patrick Butler designated Appellant Maureen Kissack, one of his natural daughters, as joint owner of five certificates of deposit (CDs) with the right of survivorship. After Butler's death, the district court appointed Kissack as the personal representative of Butler's estate. Kissack, believing the CDs were nonprobate assets that she now owned, redeemed several of them and withdrew the proceeds without including the CDs in the inventory of estate assets filed with the district court. After another one of Butler's children protested this action, the district court ruled that the CDs were assets of Butler's estate and were subject to probate. After granting Kissack's motion for a new trial, the district court ruled in favor of Respondents, Butler's other natural daughters and surviving stepchildren. At issue on appeal was whether Respondents presented sufficient evidence to overcome the statutory presumption in favor of survivorship rights for joint accounts. The Supreme Court reversed the district court, holding that because Minn. Stat. 524.6-204(a) requires that the evidence offered to overcome the statutory presumption must specifically refer to the joint accounts at issue, Respondents failed to present sufficient evidence to satisfy their burden of proof. Remanded. View "In re Estate of Butler" on Justia Law