710 A.2d 154 (R.I. 1998)
Florence A. Izzi died intestate on December 27, 1993, survived by her brother John Izzi and her sister Elisa Delfino.1 On August 27, 1987, the decedent opened a joint certificate of deposit in the names of Izzi and herself that was funded entirely with her own money and carried her Social Security number, with both parties signing signature cards; no further deposits or withdrawals occurred.2 She also maintained a safe-deposit box as joint tenant with Delfino and another with Rich, each with signed signature cards.3
Rich, who had lived in the decedent's home for many years, opened two joint bank accounts with his own funds in 1984 and 1992, both carrying his Social Security number.4 On January 28, 1991, February 24, 1992, April 6, 1992, and February 5, 1993, the decedent opened multiple additional joint accounts with Rich funded entirely with her own money and bearing her Social Security number; after her death Rich withdrew the full balances from all of those accounts.5
The decedent maintained seven joint bank accounts with Delfino, all funded solely with her money and carrying her Social Security number.6 After the decedent's death Delfino withdrew the remaining balances from four of those accounts and placed the funds into joint accounts she maintained with her husband Paul.7 Neither Delfino nor Rich ever had possession of any passbooks, bank statements, or certificates of deposit for the joint accounts during the decedent's lifetime, and she also maintained a separate personal checking account in her own name.8
While the decedent was in a nursing home during her final illness, she asked Delfino to retain an attorney. The attorney visited her on December 23, 1993, at which time she stated she wanted to grant powers of attorney to Delfino and Izzi but was not yet ready to make a will and had not decided what to do with her money or other assets.9
After a nonjury trial the Superior Court trial justice ordered Delfino, her husband Paul, and Rich to return the funds withdrawn from the joint accounts plus interest, and the defendants appealed to the Supreme Court of Rhode Island.10
Whether the opening of a joint bank account with a right of survivorship is conclusive evidence of the depositor's intent to transfer an immediate in praesenti joint beneficial possessory ownership right in the account balance to the survivor upon the depositor's death, absent fraud, undue influence, duress, or lack of mental capacity?11
The opening of a joint bank account wherein survivorship rights are specifically provided for is conclusive evidence of the intention to transfer to the survivor an immediate in praesenti joint beneficial possessory ownership right in the balance of the account remaining after the death of the depositor, absent evidence of fraud, undue influence, duress, or lack of mental capacity. Likewise, if a joint bank account does not provide for survivorship rights, that absence will be conclusive evidence of an intent not to transfer any right of ownership to the survivor, absent evidence of mistake or fraud.12
Yes. All of the accounts in question were joint accounts with a right of survivorship in whoever survived.13 On the basis of the record facts before us, our opinion today clearly establishes the right of each of the surviving persons named on those accounts to the funds remaining in them upon the death of Florence A. Izzi on December 27, 1993.14
There is no indication of any fraud, undue influence, duress, or lack of mental capacity on the part of the depositor.15
The defendants' appeals are sustained and the order of the trial justice is reversed because the surviving joint owners Delfino and Rich are entitled to the funds remaining in the accounts.16