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ESTATE OF DAVIS

Docket No. A024159.

171 Cal.App.3d 854 (1985)

217 Cal. Rptr. 734

Estate of MYRL B. DAVIS, Deceased. A.F. BRAY, JR., as Special Administrator, etc., Petitioner and Respondent, v. JAMES M. DAVIS, as Personal Representative, etc., Claimant and Respondent MARGARET LEE WARK, Claimant and Appellant.

Court of Appeals of California, First District, Division Five.

August 29, 1985.

Attorney(s) appearing for the Case

COUNSEL

David J. Van Dam, Weltin & Van Dam, Robert Lyle, Robinson, Lyle, BeLaustegui & Robb and Gloria M. Petroni for Claimant and Appellant.

Charles A. Wood, Jr., and Tinning & DeLap for Claimant and Respondent.

OPINION

LOW, P.J.

(1a) Upon the death of the depositor, an individual retirement account does not become an asset of the decedent's estate subject to the claim of a judgment creditor, but passes to the named beneficiary.

Appellant Margaret Lee Wark, a judgment creditor of decedent Myrl B. Davis, appeals from the court's order denying a special administrator's petition for an order directing respondent James M...

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