Rasmussen v. LaMagdelaine

Plaintiff, Alberta Rasmussen, appeals from the judgment of the circuit court granting a directed finding in favor of defendant, Nancy LaMagdelaine. Plaintiff contends that the trial court erred in directing a finding in favor of defendant at the close of plaintiffs case because defendant had the burden to prove that certain joint accounts were inter vivos gifts from plaintiff to defendant.

We will summarize only those facts relevant to the issue on appeal. Plaintiff filed a complaint alleging that defendant, her daughter, converted approximately $20,000 from plaintiffs checking accounts which,…