Denial of summary judgment to decedent’s ex-wife, REVERSED, in A09A1876; denial of summary judgment to decedent’s son and executor to his estate, AFFIRMED, in A09A1877; trial court erred in denying summary judgment to ex-wife in her declaratory judgment action, even though settlement agreement between ex-wife and decedent after their divorce divested ex-wife of any interest in any account in decedent’s name, since agreement did not divest ex-wife of her interest as death beneficiary to certificate of deposit account – no language in agreement waived ex-wife’s expectancy interest as death beneficiary.

Frier v. Frier, A09A1876, A09A1877 (02/25/2010), 10 FCDR 576.

From:  Fulton County Daily Report, 03/12/2010.