In re Estate of Kirkes
Arizona Supreme Court
295 P.3d 432 (2013)
- Written by Tammy Boggs, JD
Facts
During the marriage of Fred Kirkes and Gail Kirkes (plaintiff), the marital community gained an interest in an individual retirement account (IRA) held in Fred’s name. Fred originally designated Gail as the sole beneficiary but later changed his beneficiary designation so that upon Fred’s death, 83 percent of the IRA would go to Joshua Kirkes (defendant), Fred’s son from a prior marriage. Thereafter, Fred died. In a probate proceeding, Gail and Joshua filed cross-motions for summary judgment, with Gail claiming that Fred could not dispose of more than 50 percent of the IRA, i.e., more than his one-half interest in the community account. The trial court awarded Gail 50 percent of the IRA. The court of appeals reversed. The Arizona Supreme Court granted review.
Rule of Law
Issue
Holding and Reasoning (Berch, C.J.)
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