NUNNENMAN V. ESTATE OF GRUBBS
374 S.W.3d 75 (2010)
NATURE OF THE CASE: Nunnenman (D) appealed a judgment, which awarded Shervena Grubs (P)
the IRA of the decedent.
FACTS: In 2003, Grubbs transferred his individual retirement account (IRA) to Raymond
James and Associates, Inc., naming D as the beneficiary to receive the residue in the event
of his death. Grubbs was hospitalized in May 2005 and died on June 9 of that year. On June
3, 2005, decedent summoned an attorney to the hospital, where decedent made and executed a
last will and testament that did not mention the IRA account. This will left decedent's
entire estate to his mother, P, who was also named as executrix. In that capacity, P filed
this action for an injunction freezing the assets of the IRA account based on her assertion
that a note that she found in decedent's Bible months after his death had the effect of
changing the beneficiary designation in the IRA account to make her the beneficiary. The
trial court agreed and awarded her the account. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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