## Facts

- George L. Green died intestate on March 7, 1985, survived by his wife, Hilda A. Green, and three children from a prior marriage.
- During the marriage, both spouses worked; they held some property jointly and other property in George’s name alone, with George handling most finances and real-estate transactions.
- George maintained multiple bank accounts opened in “trustee for” form for his children (Totten/savings-type accounts), while retaining control during life (including possession of account documents and use of account income).
- At George’s death, the funds in those accounts were distributed directly to the named children outside probate.
- Hilda sued to recover the distributed funds, arguing the accounts were testamentary or a device to defeat her statutory rights as surviving spouse, and sought to pull the assets into the intestate estate.

## Issues

1. Whether the “trustee for” bank accounts were valid inter vivos/nonprobate transfers rather than ineffective testamentary dispositions.
2. Whether the transfers should be set aside as an improper attempt to defeat the surviving spouse’s statutory share.
3. Whether the trial justice’s factual findings about intent and the nature of the accounts were clearly wrong or based on overlooked material evidence.

## Decision

- The Rhode Island Supreme Court affirmed the Superior Court judgment for the children.
- The Court upheld the finding that the accounts were valid lifetime arrangements that transferred the funds to the children outside probate.
- The Court rejected the widow’s attempt to reclaim the funds for inclusion in the intestate estate.
- Applying a deferential standard of review, the Court found no basis to disturb the trial justice’s findings because they were supported by substantial evidence and not clearly erroneous.

## Legal Principles

- Findings of a trial justice sitting without a jury receive substantial deference on appeal and will be reversed only if the judge was clearly wrong or overlooked or misconceived material evidence.
- Totten-style “trustee for” bank accounts may operate as valid nonprobate transfers to named beneficiaries even if the depositor retains control and enjoys the income during life.
- A surviving spouse’s entitlement to an intestate share of the probate estate does not, without proof of fraud or other defect, invalidate valid lifetime/nonprobate arrangements that reduce the probate estate.

## Conclusion

The court held that the decedent’s Totten-style accounts for his children were valid nonprobate transfers established during life, and the surviving spouse could not recover those funds for inclusion in the intestate estate absent a showing that the arrangements were legally defective or constituted a proven fraud on her marital rights.


Green v. Green, 559 A.2d 1047 (R.I. 1989)