Legal Opinion
Rogers v. National City Bank of Evansville
Indiana Court of Appeals
Decided November 9, 1992No. 82A01-9205-CV-149PublishedCited by 1 opinion
1Opinion of the Court
ROBERTSON, Judge.
Carol Banko Rogers appeals the denial of her petition to reopen the estate of her father, August F. Banko. Her appeal causes us to resolve the tension which exists between the duty of a personal representative to marshal the assets of an estate and the effects of a nonprobate transfer of funds into a joint account with rights of survivorship in the surviving spouse.
We reverse.
August Banko died testate on April 21, 1990. His last will and testament was admitted to probate on May 3, 1990. The National City Bank of Evansville was appointed, qualified and acted as personal…
2Cases cited19 opinions
- Hunter v. HunterIndiana Court of Appeals · 1972
- State Ex Rel. Schumacher v. Adams Circuit CourtIndiana Supreme Court · 1947
- DEPT. OF STATE REVENUE, INHERITANCE TAX DIV. v. Estate of CallawayIndiana Supreme Court · 1953
- Markle v. Indiana State Teachers Ass'nIndiana Supreme Court · 1987
- Diaz v. DuncanIndiana Court of Appeals · 1980
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3Cited by1 opinion
- Matter of Estate of BankoIndiana Court of Appeals · 1992