State ex rel. Pilard v. Berninger

In State ex rel. Pilard v. Berninger, 154 N.C. App. 45, 53, 571 S.E.2d 836, 842 (2002), a wife and husband were listed on a joint bank account with a right of survivorship. Id. While the husband was very ill in the hospital, upon a bank teller's recommendation and with no evidence of any fraudulant intent or bad faith on the part of the wife, the wife attempted to establish a new joint bank account with a right of survivorship by signing her husband's name on the signature card. Id. Because the husband did not sign the signature card himself, the wife's signature failed to establish a valid survivorship right in the funds held in the second bank account. Upon the husband's death, the wife, who was the administrator of the husband's estate, refused to distribute the funds held in the second account to the husband's heirs. The Court held that despite the wife's authority to withdraw the funds as a joint bank account holder on the first account, to the extent that the wife did not have a valid ownership interest in the funds held in the second account yet assumed ownership of those funds, the evidence was sufficient to support a claim of conversion against the wife.