In re Estate of Johnston

Summary

The court held that the district court applied the wrong legal standard when it treated the surviving spouse’s claim as a tort conversion claim. The applicable inquiry was whether the decedent withdrew funds from a joint account in excess of his proportional interest, with the surviving spouse presumptively entitled to half subject to rebuttal based on the parties’ agreement and conduct. Because the district court dismissed the claim before making the necessary factual findings, the court affirmed the court of appeals, reversed the district court, and remanded for a new trial.