Modification: Placencia v. Strazicich

STEPHANIE A. PLACENCIA, as Cotrustee, etc.,

Plaintiff, Defendant and Respondent,

v.

LISA M. STRAZICICH, as Cotrustee, etc.,

Plaintiff, Defendant and Appellant.

No. G055631

(Super. Ct. No. 30-2010-00356226)

California Courts of Appeal

Fourth Appellate District

Division Three

Filed December 23, 2019

ORDER MODYIFING OPINION

AND DENYING PETITION

FOR REHEARING;

NO CHANGE IN

JUDGMENT

It is hereby ordered that the opinion filed on November 26, 2019, be modified as follows:

On page 3, second full paragraph, delete the last three words at the end of the last sentence, "is Ralph's estate" and insert the following in their place, "was Ralph at the time of his death, and thus the funds became part of his estate."

On page 3, last paragraph, the second sentence beginning with "First, the funds in the bank" is modified to read as follows:

"First, the funds in the bank account were part of Ralph's estate, to be distributed pursuant to his will, which has not been subject to a probate proceeding."

On page 10, first full paragraph, second sentence beginning with "The financial institution may pay the" is modified to read as follows:

"The financial institution may pay the surviving party according to the terms of the account, but the funds are part of the decedent's estate, and thus the surviving party holds the funds in constructive trust in favor of decedent's heirs and must account for the funds to the administrator of decedent's estate."

On page 10, at the end of the last sentence of the first full paragraph delete the phrase after the word "survivorship," beginning with the words "but Ralph's estate" and replace it with the following:

"but Lisa held the funds in constructive trust in favor of Ralph's heirs."

On page 12, remove the italics from the subheading "A Will May Furnish Evidence of Intent."

In the disposition on page 19, the first sentence beginning with "The judgment is reversed" is modified as follows:

"The judgment is reversed as to the ownership of the Franklin Fund account (item 1 of the Final Judgment and Order on Petitions), and the court is instructed to enter a new order declaring that the account became part of Ralph's personal estate at the time of his death, and thus Lisa holds the funds in constructive trust in favor of Ralph's heirs, which are to be determined in a probate proceeding."

There is no change in the judgment.

The petition for rehearing is DENIED.

IKOLA, J.

WE CONCUR:

O'LEARY, P. J.

ARONSON, J.