Mack v. Mack

In 1979, Mother and Daughter set up joint checking and savings accounts. In 2006, Daughter withdrew almost all of the funds from the joint savings account without first informing Mother. Mother and Daughter also jointly owned real estate. Mother filed an action against Daughter, alleging that Daughter improperly converted the funds held in the joint bank account and that Daughter's lack of cooperation and obstructive behavior regarding the property amounted to waste. The Court of Chancery entered judgment in favor of Daughter, holding (1) Mother failed to show that Daughter agreed that the joint account would be established for Mother’s benefit and family emergencies or that Mother was otherwise successful in modifying the joint tenancy provisions of the Bank’s account documentation; and (2) Daughter was not liable for waste. View "Mack v. Mack" on Justia Law