In re Estate of Warren Elrod

This appeal involves a non-probate asset, an individual retirement account. The decedent’s listed beneficiary on the asset predeceased him. The biological son of the decedent moved to collect the proceeds of the asset as the sole heir at law. Two stepchildren sought to be declared the decedent’s “children” in order that they might share in the account with the biological son. The decedent’s will provided for all three individuals to share equally in his real and personal property. The probate court found the term “children” in the retirement account agreement was ambiguous and determined the decedent considered all three individuals to be his “children.” Accordingly, the court ordered that the asset should be distributed equally to Sherry Diane Souder, Terry Ray Palmer, and Gregory Lynn Elrod as “children” of the decedent. The biological son appeals. We affirm.