Hodge v. Waggoner

The estate of Paul Robert Welch (Welch) appealed the grant of summary judgment to the estate of Barbara Sue Chitwood (Chitwood). Chitwood was murdered in August 2015, at which time a dispute arose over ownership of funds Chitwood and Welch held at Farmers Bank in two bank accounts designated as “JOINT - WITH SURVIVORSHIP (and not as tenants in common or community property)[.]” Farmers Bank interpled the funds with the district court and initiated this action to resolve the dispute. Law enforcement’s investigation into Chitwood’s death led to Welch being charged with murdering Chitwood. Accordingly, in the interpleader action, Chitwood asserted Idaho’s slayer statute precluded Welch from taking the funds. The district court ruled on summary judgment that the funds went to Chitwood, concluding Chitwood’s slayer statute defense was dispositive. Welch appealed the district court’s ruling concerning the funds. But finding no reversible error in the district court's decision, the Idaho Supreme Court affirmed. View "Hodge v. Waggoner" on Justia Law