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Arndts v. Bonner, Not Reported in S.W.3d, 2004 WL 1532274

Facts

Robert Arndts, through his conservator, filed an action to recover assets transferred by his late wife, Gladys, to her children before her death. He alleged that these transfers were made while she was aware of her terminal illness and left him without assets, as he was in a nursing home and denied Medicaid due to the asset transfers. The defendants denied the allegations, asserting that the property was not marital or subject to distribution upon Gladys' death. The trial included testimonies regarding the nature of the transfers and the financial circumstances of the parties involved.

Plaintiff alleged that Gladys knew she had an inoperable brain tumor and made transfers of cash, CD's, a car, and realty to her children before her death on December 1, 2001.

Issue

1. Whether the transfers of the jointly and/or individually held property should be voided pursuant to Tenn.Code Ann. § 31-1-105 as fraudulent conveyances? 2. Whether the transfers of such property were made to defeat Mr. Arndts' elective share? 3. Whether defendants violated Tenn.Code Ann. § 71-6-120 by assisting in asset transfers, and should be held liable for damages and attorney's fees pursuant to the statute?

1. Whether the transfers of the jointly and/or individually held property should be voided pursuant to Tenn.Code Ann. § 31-1-105 as fraudulent conveyances? 2. Whether the transfers of such property were made to defeat Mr. Arndts' elective share? 3. Whether defendants violated Tenn.Code Ann. § 71-6-120 by assisting in asset transfers, and should be held liable for damages and attorney's fees pursuant to the statute?

Rule

Tenn.Code Ann. § 31-1-105 provides that any conveyance made fraudulently to children or others, with an intent to defeat the surviving spouse's distributive or elective share, is voidable at the election of the surviving spouse. The court must determine whether there is fraudulent intent at the time of the transfer.

Tenn.Code Ann. § 31-1-105 provides: Any conveyance made fraudulently to children or others, with an intent to defeat the surviving spouse of the surviving's spouse distributive or elective share, is, at the election of the surviving spouse, includable in the decedent's net estate under § 31-4-101(b), and voidable to the extent the other assets in the decedent's net estate are insufficient to fund and pay the elective share amount payable to the surviving spouse under § 31-4-101(c).

Analysis

The court analyzed the transfers based on the factors outlined in Finley v. Finley, including whether the transfer was made with consideration, the size of the transfer relative to the decedent's estate, the timing of the transfer, and the relationship between the spouses. The court found that the transfers were not made with fraudulent intent, as they were made in the context of caring for Gladys and her financial needs, and that Robert Arndts had no ownership interest in the properties transferred.

The Court held the $10,000.00 cashier's check and the $34,734.00 in the First Citizens account, which came from the cashing of the CD's, were transferred without consideration and was close in time to Mrs. Arndts' death.

Conclusion

The court affirmed the trial court's judgment, ruling that the transfers were valid and not made with fraudulent intent. The plaintiff's claims were denied, and the court found no basis for the allegations of elder abuse or exploitation.

For the foregoing reasons, we affirm the Judgment of the Trial Court's and remand, with one-half of the cost assessed to plaintiff and one-half to the defendants.

Who won?

Defendants, Violet Bonner and Thomas Raines, prevailed in the case as the court found no fraudulent intent in the asset transfers made by Gladys Arndts.

Defendants filed a Motion for Alteration or Amendment of Judgment, asserting that three of the CD's that were cashed out and which constituted part of the $44,000.00 ordered to be returned to Mr. Arndts were always owned by Mrs. Arndts with her children, and Mr. Arndts had no ownership interest in same.

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