Wachniak v. Estate of Frank

Virginia Wachniak appeals an order to pay half of the proceeds of a joint savings account to the estate of Emmy Frank. Arthur T. Frank, who is Emmy’s widower and the estate’s personal representative, cross-appeals. We hold that sec. 705.03(1), Stats., precludes the estate’s inquiry about funds that Wachniak removed from the account that she held jointly with Emmy. Accordingly, we reverse.

It is undisputed that Emmy opened a sole savings account in 1978. In 1980 Emmy assigned her account to a joint account with Wachniak. Two days before Emmy’s death, at Frank’s insistence, Wachniak withdrew the…