Legal Opinion

In the Matter of the Supervised Estate of Ralph E. Herin, Beth M. Herin and Belinda Herin McIntyre v. Stephen E. Herin

Indiana Court of Appeals

Decided June 29, 2015No. 39A05-1411-ES-537PublishedCited by 3 opinions

1Opinion of the Court

SHEPARD, Senior Judge.

Statement of the Case

[1] The daughters of the late Ralph E. Herin contend that various certificates of deposit held by a bank as joint property of Mr. Herin and his son should belong in the Herin estate rather than pass to their brother. They argue that administrative deficiencies surrounding creation of the CDs should mean they were not really joint property at all.

[2] We conclude that the legislative and judicial history surrounding- Indiana’s probate code answers this question. Absent proof that Ralph Herin intended something other than joint ownership with right of…

2Cases cited6 opinions

  1. Seavey v. Estate of FanningIndiana Supreme Court · 1975
  2. Oil Supply Co. v. Hires Parts Service, Inc.Indiana Supreme Court · 2000
  3. Matter of Estate of BankoIndiana Supreme Court · 1993
  4. Estate of Fanning v. Estate of FanningIndiana Court of Appeals · 1974
  5. Zehr v. DaykinIndiana Court of Appeals · 1972

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Holcim (US) Inc. v. ACMS Group, Inc.Indiana Court of Appeals · 2025
  2. Traci Kron v. Donna Sherman, as Personal Representative of the Unsupervised Estate of Alan Kron, (mem. dec.)Indiana Court of Appeals · 2017
  3. Unsupervised Estate: Elnor Bugher v. William Mark BugherIndiana Court of Appeals · 2026

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