In Re Estate of Butler

I respectfully dissent from the opinion of the court. In my view, the evidence is insufficient to prove that Butler intended that the joint accounts should become the property of his estate upon his death.

On June 9, 2003, Butler obtained a series of five certificates of deposit from Woodland Bank. Each certificate was issued using a form that provides several “ACCOUNT OWNERSHIP” options. On each certificate, an “X” clearly marks a box next to the option described as “Joint Account — -With Survivorship.” On the second page of each certificate, the account ownership options are explained as…