In re Boley

350 So.3d 866 (Mem)

IN RE: SUCCESSION OF Gordon BOLEY

No. 2022-CC-01480

Supreme Court of Louisiana.

December 6, 2022

Writ application denied.

McCallum, J., would grant and docket and assigns reasons.

MCCALLUM, J., would grant and docket, and assigns reasons.

The issue presented by this writ application – whether a joint owner of a credit union account who is the named beneficiary on the credit union's "pass on death form" is entitled to full ownership of the funds upon the death of the other joint owner – has not been addressed by this Court and the little jurisprudence on this issue offers conflicting results. See Succession of Schimek , 19-1069 (La. App. 4 Cir. 6/10/20), 302 So. 3d 78 ; Succession of Meche , 21-0416 (La. App. 4 Cir. 11/17/21), ––– So. 3d ––––, 2021 WL 5444792, writ denied , 22-00034 (La. 3/2/22), 333 So. 3d 827 ; Succession of Angus , 54,180 (La. App. 2 Cir. 1/12/22), 333 So. 3d 555. For this reason, I would grant the writ application to further study these issues.

Moreover, in my view, this Court should evaluate Relator's argument that the trial court's analysis establishes a rule that "account holders in credit unions can now create joint tenancies with right of survivorship." Although, again, this is not a welldeveloped area of law, our civilian tradition does not recognize the doctrine of joint tenancies. See Gathright v. Smith , 352 So. 2d 282, 286 (La. App. 2 Cir. 1977) ("The jurisprudence of Louisiana holds that common law joint tenancy rules have no application in determining...