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IN RE ESTATE OF RICKERT

No. 18S04-1002-CV-118.

934 N.E.2d 726 (2010)

In re the ESTATE OF Harry L. RICKERT, Carole Baker, Personal Representative of the Estate of Harry L. Rickert, Deceased, Appellant (Petitioner Below), Keta Taylor, Appellee (Respondent Below).

Supreme Court of Indiana.

September 9, 2010.

Attorney(s) appearing for the Case

P. Gregory Cross , Sara E. Shade , Muncie, IN, Attorneys for Appellant.

Stan G. Wyrick , Muncie, IN, Attorney for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 18A04-0812-CV-746

BOEHM, Justice.

A holder of a power of attorney is a fiduciary and therefore any transaction in which the holder uses a power of attorney to transfer assets to the holder is presumed invalid. The Non-Probate Transfer Act creates a presumption that joint ownership of a bank account is intended to transfer the account to the survivor(s) at the death of an owner. We hold that the...

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