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Property Law Keyed to Kurtz
In the Matter of the Estate of Ingram
Facts
Ingram had a savings and checking account which listed her daughter, Gazalski, as a co-signor. She also had three certificates of deposit (CDs), each of which named Gazalski as a co-tenant in joint tenancy with a right of survivorship. While her mother was alive, Gazalski had never contributed money to the account or CDs, received interest from the CDs, or used any of the money in the account for her benefit. Prior to her death, Ingram wrote a holographic will stating that she wanted her entire estate, including the bank account and CDs, divided equally among her four children. After Ingram’s death, Gazalski sold her mother’s house and car and distributed the proceeds equally among her siblings and herself, but she kept the account and CDs for herself. Gazalski’s siblings argued that her mother intended to include the account and CD in the estate. They claimed that Gazalski’s name was only on the accounts in order to pay their mother’s bills. The trial court held that the bank account and CDs were to be included in the estate and distributed evenly. Gazalski appealed.
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