Friday, April 20, 2012

Court reviews whether the Executor or the Survivor is entitled to the Deceased's bank accounts and CDs

G. PERRY GUESS, EXECUTOR OF THE ESTATE OF C. CHARLTON HOWARD v. ELIZABETH G. FINLAY (Tenn. Ct. App. April 16, 2012)

This case involves a dispute between G. Perry Guess (“the Executor”), 1 Executor of the Estate of C. Charlton Howard (“the Deceased”), and the Executor’s sister, Elizabeth G. Finlay (“the Survivor”), regarding the ownership of funds, following the death of the Deceased, in several bank accounts and certificates of deposit.

The trial court awarded the bank accounts to the Executor and the CDs to the Survivor. The Executor claims he is also entitled to the CDs while the Survivor argues that she should have received all of the funds.

We reverse that portion of the trial court’s judgment awarding the bank accounts to the Executor. We modify the judgment in favor of the Survivor so as to award to her all of the bank accounts as well as the CDs.

Opinion available at:
https://www.tba.org/sites/default/files/guessg_041612.pdf