413 P.3d 638
Wyo.2018Background
- Charles and Wendy Fleig signed a signature card to add Wendy to Charles's Sunlight Federal Credit Union checking account; the two checkbox options for joint ownership with or without survivorship were left blank.
- The signature card expressly incorporated the Credit Union's Membership and Account Agreement, which stated that "unless otherwise stated on the Account Card ... a joint account includes rights of survivorship."
- Neither Fleig read the Membership and Account Agreement; both received a copy. A teller testified Charles appeared coherent and not unduly influenced.
- Charles died ~3 months after adding Wendy; the account held a substantial balance.
- Charles's estate sued Wendy and the Credit Union for declaratory relief; the district court held the account was a tenancy in common and split the funds 50/50 in favor of the estate. Wendy appealed. The Supreme Court reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the joint account created a right of survivorship | Estate: signature card lacked an express survivorship selection, so no survivorship; tenancy in common presumed | Wendy/Credit Union: signature card incorporated Membership Agreement which unambiguously grants survivorship unless the card states otherwise | Court: Contract (card + incorporated Agreement) is clear — survivorship exists; reversed district court |
Key Cases Cited
- Nat'l Bank of Newcastle v. Wartell, 580 P.2d 1142 (Wyo. 1978) (recognizes a bank signature card as contract and allows creation of joint tenancy with right of survivorship)
- Oatts v. Jorgenson, 821 P.2d 108 (Wyo. 1991) (presumption of tenancy in common absent clear manifestation of survivorship on instrument)
- Pennaco Energy, Inc. v. Sorenson, 371 P.3d 120 (Wyo. 2016) (rules on incorporation by reference and construing referenced instruments together)
- Halling v. Yovanovich, 391 P.3d 611 (Wyo. 2017) (contract interpretation focuses on parties' intent; clear, unambiguous language controls)
- Estate of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014) (duty to read a signed contract; failure to read does not avoid its terms)