Matter of Estate of Dinnetz

NEUMANN, Justice.

Victor Gelking and Luana Vetter [hereinafter Gelking], as personal representatives of the Estate of Halvor Dinnetz, appeal from a trial court ruling that sums contained in joint accounts at the time of Dinnetz’s death passed by right of survivorship to Darlene Boyeff. We reverse and remand for retrial.

This is a companion case to a will challenge involving the same parties. Gelking challenged Dinnetz’s will as a product of undue influence. After the trial on the merits of the will contest, both parties stipulated to the use of the record from the will contest trial to decide…