Succession of Elie

50 So. 3d 262, 10 La.App. 3 Cir. 525, 2010 La. App. LEXIS 1488, 2010 WL 4322260
CourtLouisiana Court of Appeal
DecidedNovember 3, 2010
DocketNo. 10-525
StatusPublished
Cited by2 cases

This text of 50 So. 3d 262 (Succession of Elie) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Succession of Elie, 50 So. 3d 262, 10 La.App. 3 Cir. 525, 2010 La. App. LEXIS 1488, 2010 WL 4322260 (La. Ct. App. 2010).

Opinion

AMY, Judge.

hThe succession administratrix sought to recover funds withdrawn by the decedent’s sister from a joint banking account. The decedent’s mother and sister joined in a separate action against the succession seeking funds to pay for the decedent’s mother’s care. The trial court issued judgment finding that the decedent’s sister was not entitled to the funds formerly in the joint bank account. It further held that the decedent’s mother had no cause of action against the succession. The dece[264]*264dent’s mother and sister appeal. For the following reasons, we affirm.

Factual and Procedural Background

Milton Elie (Milton) died intestate on April 15, 2009, in Natchitoches, Louisiana. He was survived by one heir, Trinette Leshande Elie (Trinette), a daughter born during his marriage to Joann Nelloms Elie (Joann). The marriage between the two ended in divorce in 1983. At the request and consent of Trinette, following Milton’s death, the trial court appointed Joann as the succession’s independent administra-trix on May 15, 2009. Trinette filed a sworn detailed descriptive list of her father’s assets which included a piece of immovable property located in Natchitoch-es and a Bank of Montgomery checking account. This dispute arises over the ownership and disposition of that checking account.

The record reveals that Milton opened the account solely in his name on December 28, 2004, with an initial deposit of $192,540.00. At some point before his death, Milton added his sister, Betty Jones (Betty), to the account. Betty alleges that she gave money to Milton for safekeeping against her abusive husband. She asserts that she initially gave Milton $25,000.00 and continued to add to this amount periodically.

| zAfter Milton’s death, and before Joann was appointed as administratrix, Betty withdrew the remaining funds of the checking account in the amount of $100,125.02. The record reveals that Betty paid Milton’s funeral expenses in addition to some of his outstanding debts in the amount of $11,842.76. Joann, as ad-ministratrix, sought from Betty the remaining balance of the account: the $100,125.02 minus the $11,842.76 expenses. However, Betty returned only $38,220.34 to the succession, asserting that $50,000.00 of the $100,125.02 belonged to her.1

On July 30, 2009, the administratrix filed a rule to show cause why Betty should not return to the succession the entire sum of $100,125.02. Betty answered, again asserting that the $50,000.00 was her money she had given to her brother for safekeeping. Attached to her answer was a document she alleges was found in Milton’s nightstand after his death which was prepared and signed by Milton as an intended will. Betty does not allege that the “nightstand document” meets the necessary legal formalities to be considered a proper will, rather, she asserts that it is proof that she is entitled to the $50,000.00. The document reads, in pertinent part, as follows:

The checking account that is located at Bank of Montgomery, Derry branch that I am co-owner with my sister Betty Jones is only one half mine. My portion is to pay for any expenses due upon my death, my final bills due and any money left over on my half shall go to my sister Betty Jones, my niece Schrita Jones, to care for my mother Mildred Elie needs and my two great-nieces MaKayla and Mariah Jones. The other half of the money in the checking account belongs to my sister Betty Jones.

In addition to filing an answer, Betty, joined with Schrita Jones, Milton’s niece, and Mildred Elie, Milton’s mother, filed a “Petition to Regain the Sum of $38,320.40 | ^Tendered.” The petition sought to have the money Betty had earlier tendered to the succession returned to them “to be used to provide for food, clothing, shelter, [265]*265and health care of Mildred Elie, mother of Milton Elie and his two nieces.”

Following a hearing, the trial court found in favor of the succession and against Betty Jones for $50,000.00. Further, the trial court found that Betty, Mildred and Schrita had no cause of action in the petition for the $38,320.34, and ordered that the money, which was being held by counsel for the succession, be turned over to the independent administratrix for the benefit of Milton’s succession.

Betty appeals, challenging the trial court’s finding that she did not prove her ownership of the $50,000.00. Further, Betty asserts that the administratrix did not sustain her burden of proving the funds belonged to Milton. Betty and Mildred2 also appeal the trial court’s judgment that they did not have a cause of action against Milton’s succession.

Discussion

Betty’s Claim to the $50,000.00.

Betty first asserts that the admin-istratrix/mover did not meet her burden of proving the disputed funds belonged to Milton. She argues that, at the hearing on the rule, the only evidence introduced by the administratrix was a document showing Milton’s initial deposit of funds. Next, Betty argues that the trial court erred in finding that she did not prove her ownership of the disputed funds.

In Louisiana, funds deposited into a joint bank account remain the property of its original owner and his or her estate at death, absent an authentic act of donation. Succession of Fralick v. Sec’y of Dept. of Revenue, 529 So.2d 159 (La.App. 3 Cir.1988). The right of withdrawal, or having one’s name listed on the account, is not tantamount to ownership. Id.; See also Cantrell v. Pat O’Briens Bar, Inc., 97-545 (La.App. 4 Cir. 1/7/98), 705 So.2d 1205. Thus, Betty had to prove her ownership of $50,000.00. A reviewing court may not set aside a trial court’s finding of fact absent manifest error or unless it is clearly wrong. Rosell v. ESCO, 549 So.2d 840 (La.1989). Further, a trial court’s credibility determinations are entitled to great deference. See Hebert v. Rapides Parish Police Jury, 06-2001, 06-2164 (La.1/16/08), 974 So.2d 635 (on rehearing).

In its reasons for ruling, the trial court stated its findings, in pertinent part as follows:

The Court does not accept this document [the “nightstand document”] as authentic or credible, much less as evidence of Milton’s intent. This questioned document does not provide any information regarding the balance in the account on May 15, 2005, when Milton supposedly wrote this document. Furthermore, bank balances fluctuate and it is implausible to believe that the bank account maintained a balance of $100,000.00 at all times, $50,000.00 of which supposedly belong to Betty. There are no bank records to indicate what the bank balance was on the date of the questioned document, nor are there any bank records to indicate the account name changed from “Milton Elie” to “Milton Elie or Betty Jones.” Betty has simply failed to prove this essential information.
After listening carefully to the witnesses, observing their demeanor, and conscientiously considering all the facts, the court does not find the testimony of the witnesses to be reliable, nor is it supported by any physical evidence. [266]*266Furthermore, the Court has disregarded the “nightstand document” and finds that it provides no proof to Milton’s intent, if in fact his intent were relevant. Betty has failed to offer credible evidence which identifies or traces the funds allegedly belonging to Betty.

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Bluebook (online)
50 So. 3d 262, 10 La.App. 3 Cir. 525, 2010 La. App. LEXIS 1488, 2010 WL 4322260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-elie-lactapp-2010.