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JOHNSON v. JOHNSON

No. 16777.

746 P.2d 1061 (1987)

113 Idaho 602

Wayne JOHNSON, Individually, and as Personal Representative of the Estate of Dale Lee Johnson, Plaintiff-Respondent, v. Gale Ann JOHNSON, Defendant-Appellant.

Court of Appeals of Idaho.

December 4, 1987.

Attorney(s) appearing for the Case

Simon S. Martin (Hansen, Beard, Martin & St. Clair, Ctd.), Idaho Falls, for defendant-appellant.

Blair J. Grover (Grover & Walker, Chartered), Rigby, for plaintiff-respondent.

BURNETT, Judge.

This is an appeal from a summary judgment declaring that the proceeds of an Individual Retirement Account (IRA) belong to the estate of the deceased depositor rather than to his former spouse. The dispositive question is whether the former spouse, who has been listed as the account beneficiary, waived any claim to the account as part of a property settlement agreement during the divorce. The district court held that she did. Constrained by current...

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