McNulty v. Quackenbush

This is an appeal from a final order which determined two Sun Bank accounts —a money market account and a checking account — and one IDS Financial Services mutual fund account to be non-probate assets which passed outside a decedent’s estate. We reverse in part, affirm in part, and remand with direction to determine the money market and checking accounts to be assets of the estate and to proceed accordingly.

A review of the transcript from the hearing held to determine whether the accounts were probate assets reveals that after the death of Philip Heyes, the personal representative of the…