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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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