Estate of Whish v. Bienfang

OPINION

HANSON, Judge.

In this probate proceeding, appellant contests the district court’s determination that funds transferred by the decedent during her lifetime to appellant’s individual checking account were not intended as a gift and remained the property of the decedent’s estate. Appellant argues (1) once the funds were transferred to his account, he became the presumptive owner; (2) there was no evidence of fraud, theft, conversion or other wrongful conduct and thus the presumption was not rebutted and (3) the district court’s findings and conclusions as to ownership were thus erroneous.…