Magee v. Magee

James Magee died testate in Stevens County on March 19, 1985. Della Magee, his widow, and Raymond W. Magee, his son by his first marriage, were named copersonal representatives of his estate. After preparing a general inventory of estate assets, Raymond Magee petitioned the court to determine whether a promissory note for $422,450, payable to James and Della Magee as joint tenants, was community property and includable in the estate inventory. Mrs. Magee responded the note was not an estate asset, but was held in joint tenancy and had become her separate property by right of survivorship upon…