Smith v. McCall Ex Rel. Estate of Smith

GOOLSBY, Judge.

In this probate matter, Lloyd Smith (Husband) seeks to include in his elective share claim the assets of two joint bank accounts that belonged to his deceased wife, Clara Smith (Wife). The probate court, affirmed by the circuit court, ruled the joint accounts are not included in the Wife’s probate estate and thus not subject to Husband’s elective share claim. Husband appeals. We affirm. 1

Because this probate proceeding involves a claim for money due, and because such claims are ordinarily triable at law, if there is any evidence that reasonably supports the factual findings of…