ESTATE OF CARD v. CARD

No. 27388.

874 N.W.2d 86 (2016)

2016 S.D. 4

ESTATE OF Jacquelyn CARD, Plaintiff and Appellee, v. Curtis CARD, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 13, 2016.


Attorney(s) appearing for the Case

Patrick M. Ginsbach , Farrell, Farrell & Ginsbach, PC, Hot Springs, South Dakota, Attorneys for plaintiff and appellee.

David L. Claggett , Claggett & Dill Prof., LLC, Spearfish, South Dakota, Attorneys for defendant and appellant.


[¶ 1.] Decedent opened a savings account in 1989 and, in 2007, included her son and daughter as additional account owners. When decedent passed away in 2012, son withdrew his share of the account balance relying on SDCL 29A-6-104, which provides that the proceeds of a joint account automatically pass to the surviving account...

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