TAUFEN v. ESTATE OF KIRPES

No. 27799-2-III.

230 P.3d 199 (2010)

Penny K. TAUFEN, Plaintiff, v. The ESTATE OF Maria K. KIRPES, and Rose M. Bick, Personal Representative of the Estate of Maria T. Kirpes, Deceased, Defendants. Terry Yochum, Respondent, v. The Estate of Maria T. Kirpes and Rose M. Bick, Personal Representative of the Estate of Maria T. Kirpes, Deceased, Appellants.

Court of Appeals of Washington, Division 3.

April 20, 2010.


Attorney(s) appearing for the Case

David Allan Gittins, Attorney at Law, Clarkston, WA, for Appellants.

Robert L. Brower, Thomas W. Callery, Jones Brower & Callery PLLC, Lewiston, ID, for Respondent.


SWEENEY, J.

¶ 1 A presumption attaches to a joint tenancy with right of survivorship account that the signatories to the account intended title to the proceeds to vest in the surviving signatory. But the presumption is rebuttable. Here, the trial court found that a bank employee, not the now deceased signatory, created the joint account with right of survivorship. And that finding will not support the trial court's conclusion that the decedent here intended to...

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