A-15-0977, In re Estate of Elsie R. Ackerman, Deceased. Sandra Underwood (Appellant) v. Judith Bolejack, personal representative, and Judith Bolejack, individually
Lancaster County, County Court Judge Holly J. Parsley
Attorney for Appellant: Wayne E. Janssen
Attorney for Appellee: Joel Bacon (Keating, O'Gara, Nedved & Peter, P.C., L.L.O.)
Civil Action: Probate disposition of assets
Action Taken by Trial Court: The trial court found that Ackerman intended that Bolejack remain as POD beneficiary of her bank account, and thus, Bolejack was entitled to the balance of the account upon Ackerman's death.
Assignments of Error on Appeal: On appeal, Underwood assigns that the trial court erred in (1) determining that Judith Bolejack was a POD beneficiary of the account at the time of Ackerman's death, (2) failing to find that Bolejack in her personal capacity had converted the funds in the account at the time of Ackerman's death, (3) failing to find that Bolejack in her personal capacity holds the funds from the account in a resulting or constructive trust, and (4) failing to require Bolejack to recover the funds in the account and administer them as individually owned property in the Estate of Ackerman.