IN RE: SUCCESSION OF GORDON BOLEY (2022)

The issue presented by this writ application – whether a joint owner of a credit union account who is the named beneficiary on the credit union's “pass on death form” is entitled to full ownership of the funds upon the death of the other joint owner – has not been addressed by this Court and the little jurisprudence on this issue offers conflicting results. See Succession of Schimek, 19-1069 (La. App. 4 Cir. 6/10/20), 302 So. 3d 78; Succession of Meche, 21-0416 (La. App. 4 Cir. 11/17/21), --- So. 3d ----, 2021 WL 5444792, writ denied, 22-00034 (La. 3/2/22), 333 So. 3d 827; Succession of Angus, 54,180 (La. App. 2 Cir. 1/12/22), 333 So. 3d 555. For this reason, I would grant the writ application to further study these issues.

Moreover, in my view, this Court should evaluate Relator's argument that the trial court's analysis establishes a rule that “account holders in credit unions can now create joint tenancies with right of survivorship.” Although, again, this is not a welldeveloped area of law, our civilian tradition does not recognize the doctrine of joint tenancies. See Gathright v. Smith, 352 So. 2d 282, 286 (La. App. 2 Cir. 1977) (“The jurisprudence of Louisiana holds that common law joint tenancy rules have no application in determining ownership of real or personal property in this state”); Northcott v. Livingood, 10 So. 2d 401, 405 (La. App. 2 Cir. 1942) (“Rules governing the common-law relation of joint tenancy and tenancy in common have no application to a case of this character arising in this state. Ownership of property, real or personal, in this state may arise only in the manners expressly established and recognized by its laws; and divestiture of such ownership may be effectuated only in the manner and form as by them directed.”).

MCCALLUM, J., would grant and docket, and assigns reasons.