- 9 - person as trustee.” Cal. Prob. Code sec. 15200(c) (West 1991). Our findings in this case are based in part on the testimony of petitioners. Here, we found petitioners to be honest, sincere, and credible witnesses. In the instant case, Phyllis designated Julie as the successor owner of the annuity contract. Phyllis had a very close relationship with Julie, which evidently reassured Phyllis that, by naming Julie as the successor owner, Julie would ensure that the annuity proceeds were distributed for the benefit of the children consistent with Phyllis’s intent. At the time that Julie learned about Phyllis’s intent, Julie clearly understood that the funds were for the benefit of the children. Indeed, upon Phyllis’s death, Julie immediately cashed the check from Anchor and distributed the proceeds equally to the children. On the basis of the record before us, we conclude that Phyllis designated Julie as the successor owner pursuant to an oral trust wherein Julie would distribute the annuity proceeds for the benefit of the children. Respondent contends, however, that Phyllis’s oral statement to Julie is not sufficient evidence of the creation of a trust. We disagree. The California Law Revision Commission Comment to California Probate Code section 15207(b) states that for purposes of this section: [the] delivery of personal property to another person accompanied by an oral declaration by the transferor thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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