Legal Opinion

Reiss v. Reiss

Indiana Supreme Court

Decided December 8, 1987No. 79S02-8711-CV-1028PublishedCited by 12 opinions

1Opinion of the Court

CIVIL PETITION FOR TRANSFER

GIVAN, Justice.

The administrator of Mary Himelick's estate brought an' action requesting that a constructive trust be placed on funds which Frank Reiss transferred to himself and his wife Marion upon Himelick's death. Seven of Himelick's eleven bank accounts had been transferred to a joint account held by Frank and Himelick.

Ind.Code § 82-4-1.5-4(a) states in part:

"Sums remaining on deposit at the death of a party to a joint bank account belong to the surviving party or parties as against the estate of the decendant unless there is clear and convincing evidence of a…

2Cases cited3 opinions

  1. Hunter v. HunterIndiana Court of Appeals · 1972
  2. Lucas v. FrazeeIndiana Court of Appeals · 1984
  3. Reiss v. ReissIndiana Court of Appeals · 1986

3Cited by12 opinions

  1. Strong v. JacksonIndiana Court of Appeals · 2002
  2. Donald R. Rollins v. Metropolitan Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1990
  3. Carlson v. WarrenIndiana Court of Appeals · 2007
  4. Wendt v. KerkhofIndiana Court of Appeals · 1992
  5. Bagko Development Co. v. DamitzIndiana Court of Appeals · 1994

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