Araiza

Araiza v. Younkin

Good Law
116 Cal. Rptr. 3d 315·188 Cal. App. 4th 1120·2010 Cal. App. LEXIS 1688
Court of Appeal of CaliforniaSeptember 29, 2010B221815California2,339 words

Opinion

Opinion

Yegan, J.

Lori Younkin appeals from the trial court’s order confirming ownership of a Bank of America savings account to respondent Ronald A. Araiza, as successor trustee of the Lucia Howery Living Trust, and naming Gabriella Reeves the beneficiary of that account. Appellant, the stepdaughter of Lucia Howery, contends she is the owner of the savings account and that the transfer to Reeves is presumptively invalid pursuant to Probate Code section 21350 because respondent drafted the living trust and Reeves is his mother. Respondent contends Howery changed the beneficiary of the savings account in her living trust and that appellant forfeited the section 21350 issue because she did not raise it in a timely fashion or obtain a ruling on it from the trial court. We affirm.

Facts

In 2001, Lucia Howery opened a checking account and a savings account at the Bank of America. Although she named appellant as the beneficiary of the savings account, Howery was the only person authorized to withdraw funds from it.

In August 2005, Howery established the Lucia Howery Living Trust. The declaration of trust states that Howery, as trustor, “declares the establishment of a revocable living trust…

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