Rosier v. Rosier
705 S.E.2d 595
W. Va.2010Background
- Rosier (wife) sues her son over ownership of farm real estate, cattle, equipment, and bank accounts; Stearl Rosier deeded 139 acres to son in 2004 with life estate reserved to Stearl and power of attorney to son; son conveyed Stearl’s interests to himself and sister in 2005 under enduring POA; joint bank accounts and savings bonds were redirected post-POA; court granted summary judgment on four counts, bench-trial on one count awarded to son; will and elective share provisions referenced but not dispositive; court held son owns most real property but estate owns certain bank accounts and reverses conclusions on equipment/cattle gifts
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fraudulent conveyance under 40-1A-1 et seq. | Rosier contends conveyance to son was fraudulent | Rosier acted per his father's wishes via POA | Not fraudulent; Rosier not a creditor and decedent insolvent not shown |
| Breach of fiduciary duty by conveyance to self | Appellant asserts fiduciary breach via POA | Conveyances were at father's direction; no breach | No breach; evidence shows compliance with father's wishes under POA |
| Notice requirements under W. Va. Code § 43-1-2 | Notice to spouse was required for real estate transfer | Notice remedy applies only in divorces; not applicable here | Statutory notice not triggered; no relief under § 43-1-2(d) or (e) |
| Transfer to save inheritance (elective share) | Transfers affected potential elective share; could be a claim under augmented estate | No claim; elective share not a creditor claim under Act | Elective share not a fraudulent transfer under the Act; not dispositive |
| Gifts of farm equipment and cattle | Equipment/cattle were estate property, not gifts | Transfers were gifts or mischaracterized; cannot rely on deeds alone | Equipment and cattle not valid inter vivos gifts; owned by estate |
Key Cases Cited
- Napier v. Compton, 210 W.Va. 594, 558 S.E.2d 593 (2001) (fiduciary duty burden in fraud cases implied by evidence)
- Work v. Rogerson, 152 W.Va. 169, 160 S.E.2d 159 (1968) (presumption of fraud when fiduciary relation exists)
- Dorsey v. Short, 157 W.Va. 866, 205 S.E.2d 687 (1974) (joint tenancy presumption of gift; fiduciary consideration)
- Kanawha Valley Bank v. Friend, 162 W.Va. 925, 253 S.E.2d 528 (1979) (fiduciary relationship creates presumption of constructive fraud in joint accounts)
- Meadows v. Meadows, 196 W.Va. 56, 468 S.E.2d 309 (1996) (Dead Man's Statute narrowly construed; witness competence limits)