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Wills, Trusts & Estates keyed to Weisbord
Nunnenman v. Estate of Grubbs
Citation:
374 S.W.3d 75, 2010 Ark. App. 75 (2010)Facts
In 2003, Donald Grubbs transferred his Individual Retirement Account to Raymond James and Associates, Inc., designating Chrissey Nunnenman as the sole beneficiary by name, social security number, and date of birth. The IRA agreement specified that beneficiary changes must be submitted on forms provided by the custodian or in a manner acceptable to the custodian. Grubbs was hospitalized in May 2005 and died on June 9, 2005. On June 3, 2005, while hospitalized, Grubbs summoned an attorney and executed a formal last will and testament that left his entire estate to his mother, Shervena Grubbs, and named her as executrix. This will expressly revoked all prior wills but made no mention of the IRA account. After Grubbs’s death, Shervena Grubbs claimed to have found a handwritten note on Nations Bank notepad paper in Grubbs’s Bible. The note, dated May 2005 and titled “My Will,” stated that Grubbs wanted all his estate, IRA, and other assets to go to his mother. Shervena Grubbs filed suit seeking to freeze the IRA assets and have herself declared the beneficiary based on this note.
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