In Re Estate Of Szorek

551 N.E.2d 697 (1990)

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Nature of the Case

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Facts

Walter Szorek died intestate. Prior to his death and at the direction of Szorek, P transferred $72,000 of Szorek's funds to a certificate of deposit with D. The certificate of deposit account was opened on February 6, 1987, in the names of Walter Szorek and P as joint tenants with right of survivorship. Upon Szorek's death, P attempted to collect the funds but was told by D because of a discrepancy of Szorek's date of birth on the signature card and his date of birth on the death certificate, they would not pay the funds to her. The public administrator opened a probate estate and was appointed administrator by the court. On August 3, 1987, the administrator filed a petition to recover assets for the joint tenant certificate of deposit funds held by D with notice served on D but without notice served on P. The record discloses that notice to plaintiff was misaddressed, not delivered, and returned to sender. On August 3, 1987, P filed a declaratory judgment suit in chancery against D to recover the joint tenancy funds. The trial judge ordered D to turn over the entire account balance plus accrued interest to P except for the sum of $3,500 reserved pending a hearing on D's petition for fees and costs. The trial judge awarded defendant the sum of $3,757.39, for attorney fees ($3,647) and costs ($110.39) to be paid from the funds reserved and the balance to be paid by P. P appealed challenging the award of costs and fees to D.