Lyster v. Giancola

PRESIDING JUSTICE EGAN

delivered the opinion of the court:

The petitioners, who are family members and legatees of the deceased, Richard Divine (Richard), filed a petition for a citation of recovery against Patricia Giancola, alleging that Giancola wrongly obtained possession of money which was properly part of Richard’s estate. Giancola claimed the funds as the surviving joint tenant of two joint bank accounts. After a hearing, the trial judge granted Giancola’s motion to dismiss the petition. He held that Giancola was not a fiduciary to Richard as a matter of law and that the petitioners had…