WENDY A. FLEIG, Appellant (Defendant),
IN THE MATTER OF THE ESTATE OF CHARLES F. FLEIG, by and through Co-Personal Representatives, Timothy L. Fleig and Michael J. Fleig, Appellee (Plaintiff).
from the District Court of Park County The Honorable Steven
R. Cranfill, Judge
Representing Appellant: M. Jalie Meinecke, Meinecke &
Sitz, LLC, Cody, Wyoming.
Representing Appellee: Bobbi D. Overfield and Michael S.
Messenger, Messenger & Overfield, P.C., Thermopolis,
Wyoming. Argument by Ms. Overfield.
BURKE, C.J., and HILL [*] , DAVIS, FOX, and KAUTZ, JJ.
Charles and Wendy Fleig executed a signature card to add Mrs.
Fleig to Mr. Fleig's checking account at Sunlight Federal
Credit Union (the Credit Union). The signature card failed to
indicate whether the account would be subject to rights of
survivorship; however, the Membership and Account Agreement
provided that joint accounts had rights of survivorship
unless otherwise indicated on the signature card. After Mr.
Fleig's death, his estate sued Mrs. Fleig and the Credit
Union, seeking, among other things, a declaratory judgment as
to the rights in the checking account. The district court
granted summary judgment in favor of the estate and we
The issue is whether the district court properly concluded
that Mr. and Mrs. Fleig owned their checking account as
tenants in common with no rights of survivorship and
therefore properly granted summary judgment in favor of Mr.
The following facts are undisputed. Mr. and Mrs. Fleig were
married on June 4, 1992. During most of their marriage, Mr.
and Mrs. Fleig kept their property and bank accounts separate
and each paid a portion of household bills out of their
respective accounts. On April 17, 2015, Mr. Fleig drove Mrs.
Fleig to the Credit Union and they met with Tammy Walker, a
teller at the Credit Union. Mr. Fleig told Ms. Walker that he
wanted to add Mrs. Fleig to his checking account. Mr. and
Mrs. Fleig signed a new signature card for the account. The
signature card contained two boxes, one providing for joint
ownership with rights of survivorship and one providing for
joint ownership without rights of survivorship. Both boxes
were left blank. The signature card also stated:
I/We agree that the changes on this Card amend the previously
signed Account Card and are subject to the terms and
conditions of the Membership and Account Agreement,
Truth-in-Savings Disclosure, Funds Availability Policy
Disclosure, if applicable, and to any amendment the Credit
Union makes from time to time which are incorporated herein.
I/We acknowledge receipt of a copy of the agreements and
disclosures applicable to the accounts and services
Walker gave Mr. and Mrs. Fleig a copy of the Credit
Union's Membership and Account Agreement. The Membership
and Account Agreement provided that "[u]nless otherwise
stated on the Account Card . . . a joint account includes
rights of survivorship. This means that when one (1) owner
dies, all sums in the account will pass to the surviving
owner(s)." Neither of the Fleigs read the Membership and
On July 15, 2015, Mr. Fleig died, leaving behind Mrs. Fleig,
two sons from a previous marriage, and a considerable amount
of money in the checking account.
Mr. Fleig's sons, Timothy L. Fleig and Michael J. Fleig,
are the co-personal representatives of his estate. They filed
a lawsuit on behalf of the estate against Mrs. Fleig and the
Credit Union, asserting several causes of action, including a
claim for declaratory judgment regarding ownership of the
checking account, the only claim relevant to this appeal.
Mrs. Fleig and the Credit Union filed motions for summary
judgment. The district court granted summary judgment in
favor of the estate on the question of ownership of the
checking account, concluding that the signature card did not
create rights of survivorship, that the account was ...