Opinion
22-C-14
02-22-2022
SUCCESSION OF MATTHEW MILES, JR. HUSBAND OF, AND MARY MILES IN RE CYNTHIA MILES CHESS
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE LEE V. FAULKNER, JR., DIVISION "P", NUMBER 807-817
Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Hans J. Liljeberg
WRIT DENIED
Relator, Cynthia Miles Chess, seeks review of the trial court's November 8, 2021 judgment that granted the "Motion to Recover Alienated Funds" filed by Christopher Miles, the administrator of the Estate of Matthew Miles, Jr. In his motion, Mr. Miles alleged that Relator converted a bank account bearing the name of Matthew Miles, Jr. and containing at least $150,000 to her name. He further alleged that Matthew Miles, Jr. expressed no donative intent sufficient for Relator to alienate the funds in the bank account. In opposition, Relator argued that Matthew Miles, Jr., her father, added her to his Capital One checking account, and that act constituted an irrevocable inter vivos donation. A hearing on the motion was held on October 18, 2021.
At the conclusion of the hearing, the trial court found no donative intent in this matter, and Relator's name was placed on the account solely for the purpose of assisting Matthew Miles, Jr. with bills. The court noted that there was no payable on death affidavit presented. In its written judgment, the trial court ordered Relator to cease any and all use of the Capital One bank accounts previously owned by her father, Matthew Miles, Jr., and subsequently converted to her sole ownership and possession; replace any funds not used on behalf of the estate from those Capital One bank accounts; and, transfer any and all Capital One bank accounts previously owned by Matthew Miles, Jr. to the estate.
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. In re Succession of O'Krepki, 16-50 (La.App. 5 Cir. 5/26/16); 193 So.3d 574, 580, writ denied, 16-1202 (La. 10/10/16); 207 So.3d 406. The right of withdrawal, or having one's name listed on the account, is not tantamount to ownership of the funds 1 therein. Id. Donative intent is a factual issue subject to the manifest error standard of review. Succession of Love, 16-245 (La.App. 3 Cir. 9/28/16); 201 So.3d 1027, 1030; see also, Succession of Dauterive, 18-131 (La.App. 4 Cir. 7/18/18); 251 So.3d 1204, 1207, writ denied, 18-1382 (La. 11/14/18); 256 So.3d 293. A trial court's finding on this issue cannot be reversed unless an appellate court, after review of the entire record, finds both that no reasonable factual basis exists for the finding, and that it is manifestly erroneous or clearly wrong. Id.
On the showing made, we find that the trial court did not manifestly err in granting the estate's motion to recover alienated funds. The testimonies presented at the hearing from Relator and Mr. Miles support the trial court's finding that Relator's name was placed on the account of Matthew Miles, Jr. solely for the purpose of assisting with bills. Therefore, based upon the evidence presented, we cannot find that the trial court erred in its determination that there was no donative intent.
Accordingly, the writ application is denied. Additionally, Relator's request for oral argument is denied.
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