Travis Carmack and Temple I. Baxley Missouri Cases

Marilyn Carmack's husband died after changing the primary beneficiary of his Individual Retirement Account (IRA) from her to his siblings, Travis Carmack and Temple Baxley, shortly after Marilyn entered a long-term care facility. Marilyn sued, alleging the change was a gift in fraud of her marital rights under section 474.150.1. The trial court found in favor of Marilyn. On appeal, the Siblings argued that the statute does not apply to IRAs and that there was insufficient evidence of fraudulent intent. The appellate court affirmed the trial court's judgment, holding that section 474.150.1 applies to IRAs and that substantial evidence supported the finding of fraudulent intent.