Louise Friar transferred two certificates of deposit and certain interests in real estate to her sons J. D. and Darrell Friar to protect these assets from anticipated expenses in case she should go to a nursing home. She later requested that they return the assets, which Darrell did but which J. D. refused to do. She sued J. D. for fraud and coercion and moved for partial summary judgment, arguing that there was no dispute that the assets should be returned to her. J. D. submitted evidence that there was no fraud or coercion and that Louise understood the transfers were irrevocable. The court granted Louise partial summary judgment, holding liability was established in her favor and vesting title to the assets in her, with damages to be later determined by a jury. J. D. appeals, contending that genuine issues of fact precluded summary judgment. We agree and reverse. “Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c.” Matjoulis v. Integon Gen. Ins. Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997. We review the grant of summary judgment de novo, construing the evidence in favor of the non-movant. Id.
Construed in favor of J. D., the evidence showed that Louise appeared at her bank to transfer two certificates of deposit, one to each of her sons J. D. and Darrell. She told the bank representative that she was concerned that she might have to go to a nursing home and that she wanted to protect her assets by transferring the certificates of deposit to her sons with the interest on the certificates to be paid to her. The bank representative asked Louise if she was sure that this was what she wanted to do, specifically explaining to Louise that if she put the certificates in her sons’ names, she would no longer hold title to the money. Louise confirmed that this was her desire, as she feared that if she became ill the government would take her money and that under the proposed arrangement she would be receiving the interest on the certificates. The bank representative, who had often experienced such transactions with elderly clients, prepared the necessary forms, again explaining to Louise the consequences of signing the forms. Appearing to the bank representative to have control of all her faculties and to not be under any duress, force, or threat, Louise indicated her understanding of the transaction and signed the forms.
