In the Matter of the Supervised Estate of Ralph E. Herin, Beth M. Herin and Belinda Herin McIntyre v. Stephen E. Herin
2015 Ind. App. LEXIS 491
Ind. Ct. App.2015Background
- Daughters contend four river valley CDs held by bank as Ralph Herin and son's joint property should be estate assets.
- Ralph and Beverly created joint accounts with rights of survivorship; Ralph added Stephen as joint owner on the CDs on Feb 9, 2011.
- Beverly predeceased Ralph; Ralph died in July 2013; bank became personal representative of Ralph's estate.
- Trial court found insufficient evidence to decide; sua sponte ordered a supplemental hearing, later held; court ruled CDs were Stephen’s sole property.
- Beth and Belinda appeal on ownership, arguing faulty process or intent; court analyzes non-probate transfers and survivorship presumption under Indiana law.
- Court affirms that absent clear and convincing evidence of contrary intent, joint accounts with right of survivorship pass to survivors, so Stephen holds the CDs rather than the estate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Stephen the surviving joint owner of the CDs? | Beth/Belinda argue the transfer process was deficient and evidence shows contrary intent. | Stephen argues the survivorship presumption applies and there is no clear evidence of contrary intent. | Yes; Stephen is the surviving owner; estate has no ownership interest. |
| Was the second sua sponte hearing proper? | Beth/Belinda contend the second hearing overstepped and violated rights. | Court acted within discretion to resolve lack of information; evidence wouldn’t affect substantial rights. | Yes; second hearing proper and does not alter substantial rights; judgment affirmed. |
Key Cases Cited
- Zehr v. Daykin, 288 N.E.2d 174 (Ind. App. 1972) (presumed survivorship absent contrary intent; lack of writings supports estate-based outcome under older law)
- Estate of Fanning, 315 N.E.2d 718 (Ind. App. 1974) (contract theory; later overruled by statutory survivorship presumption in favor of survivorship)
- Estate of Banko, 622 N.E.2d 476 (Ind. 1993) (statutory survivorship replaces common-law undue influence presumption; burden on party to show clear and convincing contrary intent)
- Oil Supply Co., Inc. v. Hires Parts Serv., Inc., 726 N.E.2d 246 (Ind. 2000) (standard of review under Indiana Trial Rule 52; findings must be supported by evidence)
- Ind. Dep't of Envtl. Mgmt. v. Jennings Northwest Reg'l Utils., 760 N.E.2d 184 (Ind. Ct. App. 2001) (real party in interest/standing considerations; substantively enforceable claims)