Issues of Fact Regarding A Decedents Intention When Depositing Funds Into A Bank Account May Preclude Summary Judgment

This dispute is between an estate and the sister of the decedent regarding the proceeds of a bank account. Decedent and her sister shared title of a bank account in which only Decedent deposited funds for many years. At some point, Decedent transferred her account to another bank titled in her sisters name only, with the belief that she was the owner of the account. Sister refused to surrender the funds Decedent deposited into the account. Decedents estate filed suit against the sister for breach of contract, unjust enrichment, conversion, fraud and for a constructive trust, requesting the return of the funds deposited by Decedent. The trial court dismissed Decedents claims and granted judgment for the sister to receive the funds. The appellate court reversed the dismissal of the unjust enrichment and conversion claims because there were questions of fact as to whether or not the sister retained a benefit that Decedent conferred upon her, whether or not the Decedent intended to confer a benefit and whether or not Decedent properly retained the funds after her sister had requested their return. The remaining claims were affirmed as dismissed.