Lawwly

Araiza v. Younkin

California Court of Appeal

116 Cal.Rptr.3d 315 (2010)

Relevant factsFree

Howery designated Younkin (defendant) as beneficiary on her savings account (a Totten trust), but her later living trust expressly directed that the same account go to Reeves upon her death; Howery never formally changed the account's beneficiary designation through the statutory methods for modifying multi-party accounts, and successor trustee Araiza (plaintiff) sought to convey the account to Reeves per the trust's terms.

IssueFree

Whether, upon the death of the original depositor to a multi-party account, the remaining balance is payable to the beneficiary designated on the account if there is clear and convincing evidence of a different intent.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases