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Howard v. Leonard

The trial court erred in ruling that all funds in a credit union account, which had previously been in the joint ownership of the plaintiff's deceased father, his mother and his sister, belonged to the mother following the father's death and passed on to her estate following her subsequent death.

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A father, mother, and daughter had been joint owners of a credit union account for 16 years when the father died. While the mother was still alive and with her purported endorsement, the daughter then moved half of the account balance into an account for her mother and half into an account for herself. One of the daughter’s brothers, who was subsequently appointed as his mother’s conservator, later filed suit seeking a declaration that all the funds belonged to the mother, not the daughter. The trial court granted summary judgment in favor of the brother and denied the daughter’s cross motion in which she sought to establish ownership of half of the account. The daughter appeals both rulings. We reverse in part.

On appeal from the grant of summary judgment, appellate courts “conduct a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Shekhawat v. Jones, 293 Ga. 468, 469 746 SE2d 89 2013 citation omitted; State Dept. of Corrections v. Developers Sur. & Indem. Co., 324 Ga. App. 371, 372 750 SE2d 697 2013.

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