Raichel v. Raichel

I would affirm the Court of Appeals. The majority holds that cashier’s checks are accounts; therefore, the survivor takes the check if the check is made payable to alternative payees. Here Appellant, decedent’s son, takes under the majority reasoning, to the exclusion of all other beneficiaries, because the check was made payable to “order of Eddie Raichel [decedent] or James Raichel [decedent’s son]”.

The majority rests its decision on KRS §§ 391.315(1), 391.300(1) and (4). None of these are controlling in this case. KRS § 391.300(1) defines an account as “a contract of deposit of funds…