In 2003, Grubbs transferred his individual retirement account (IRA) to Raymond James and Associates, Inc., naming Nunnenman as the beneficiary to receive the residue in the event of his death. Grubbs was hospitalized in 2005. He summoned an attorney to the hospital, where he made and executed a last will and testament that did not mention the IRA account. The will left Grubbs' entire estate to his mother, Shervena, who was also named as executrix. Months after Grubbs' death, Shervena stated that she found a handwritten note in Grubbs' Bible that stated:
May 2005
My Will
I Donnie Grubbs want all of my estate All IRA and any SBC Telco and all other assets and worldly goods to go to my Mother Shervena Grubbs. Being of sound mind.
Donnie Grubbs
In her capacity as executrix, Shervena filed an action for an injunction freezing the assets of the IRA account based on the handwritten note, which she claimed indicated the intent to make her the beneficiary of the account. Will she win?