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California Court of Appeal

Araiza v. Younkin, B221815

Trial court's order confirming ownership of a savings account to a lawyer, as successor trustee of a living trust, and naming the lawyer's mother the beneficiary of that account, over decedent's step-daughter's objections, is affirmed where: 1) the trial court properly relied on the living trust to find that the decedent intended to change the beneficiary of her Totten trust from the step-daughter to the lawyer, and because the change was made by a living trust rather than a will, it is not invalidated by section 5302(e); and 2) the step-daughter's argument that the transfer of the savings account to the lawyer is invalid pursuant to section 21350(a)(2) because the lawyer drafted the living trust and the beneficiary is his mother, is forfeited because she did not raise it in a timely fashion or obtain a ruling on it from the trial court.

Appellate Information

  • Decided 09/29/2010
  • Published 09/29/2010




  • California Court of Appeal


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