Estate of Frances Elaine Freedman, Deceased, Robin Elaine Carnette, Personal Representative - Page 16

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               creditors and other successors, and have no bearing on                 
               the power of withdrawal of these persons as determined                 
               by the terms of account contracts.                                     
               Next, the just-referenced Tex. Prob. Code Ann. sec. 438,               
          entitled “Ownership During Lifetime”, directs in subsection (a)             
          (hereinafter TPC 438(a)) thereof:  “A joint account belongs,                
          during the lifetime of all parties, to the parties in proportion            
          to the net contributions by each to the sums on deposit, unless             
          there is clear and convincing evidence of a different intent”.              
          Finally, Tex. Prob. Code Ann. sec. 439 completes the general                
          structure, governing rights of survivorship and disposition of              
          sums remaining on deposit at the death of a party to a joint                
          account.                                                                    
          II.  Analysis                                                               
               Given the foregoing backdrop, the outcome of the instant               
          litigation turns largely upon application of TPC 438(a).  The               
          documentation with respect to the Valdes & Moreno account                   
          establishes its status as a joint account at a financial                    
          institution within the meaning of the Texas Probate Code.                   
          Moreover, the instant litigation is concerned with ownership as             
          between the parties of this multiple-party account in the context           
          of a controversy between one of these parties and a creditor,               
          namely the IRS.  That is precisely the type of situation that               
          Tex. Prob. Code Ann. sec. 437 specifies is governed by TPC 438(a)           
          and following provisions.  Respondent and the estate, however,              






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