Legal Opinion · Dissent

Estate of Hershey v. Bowers

Ohio Supreme Court

Decided June 22, 1966No. 39689Published

1DissentZimmerman, J.

In my opinion, decedent’s daughters had the right to succeed to the joint and survivor-ship bank accounts, established by contract, immediately upon the death of the decedent, under Section 5731.02 (E), Revised Code. By virtue of that section, the tax is levied upon the right of succession. Such accounts when created in the 1950’s were of advantage to decedent’s daughters, and their assent to the *9arrangement may be inferred in the absence of any showing to the contrary. Snch right of succession is subject to succession taxation as a nonprobate asset, and such tax is collectible on that basis…

2Cases cited1 opinion

  1. In re Estate of BauerFulton County Probate Court · 1962

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