Yoon
Yoon v. Yoon CA2/5
Opinion
Opinion
I. INTRODUCTION
Defendant, Blake Yoon, appeals from a May 31, 2013 order resolving a petition to ascertain the beneficiaries of a land trust. The petition was filed by plaintiff, Tamara Y. Watts, also known as Tamara W.H. Yoon, as trustee of the land trust. The land trust agreement named Eugene I.W. Lee as its beneficiary. Upon Mr. Lee’s death, his interest was to pass to his personal representative which in this case is his widow, Marilyn Lee. Defendant challenges the ruling that Ms. Lee is the beneficiary of the unassigned 50 percent interest in the land trust. Defendant argues the Estate of Alice Yoon, not Ms. Lee, is the beneficiary of the unassigned interest in the land trust. Defendant contends Ms. Yoon obtained the unassigned interest in the land trust through conversion and adverse possession. We affirm the order.
II. BACKGROUND
A. Land Trust
On May 25, 1979, a land trust was created under the laws of the State of Hawaii, naming Mr. Lee as the beneficiary. The land trust agreement named his wife, Ms. Lee, as the trustee. Ms. Lee, as trustee, executed the land trust agreement on behalf of the settlor and grantor, Alice W.H. Lee Yoon.1 Alice was Mr. Lee’s sister. Article…