In re the Matter of The John E. Thompson and Darleen P. Thompson Living Trust (855743)
John E. Thompson and Darleene Thompson, husband and wife, executed a revocable living trust. The Thompson’s four surviving children were the named beneficiaries. Upon Darleene’s death, John changed his and Darleene’s BECU accounts so they were in his name only. He named his four surviving children as the payable on death beneficiaries of the new accounts. Three months later, John asked his granddaughter, Jennifer Garcia to take him to BECU so he could add her as a joint tenant on the account to help pay bills. When filling out the paperwork at the bank, John signed a form that had the box next to “Joint Account with Right of Survivorship” checked with a computer generated “x.” Upon John’s death, Garcia went to BECU and removed all the funds from the account. Three of John’s children filed a TEDRA Petition against Garcia, claiming that she breached her fiduciary duty as John’s attorney-in-fact and as a successor trustee. The trial court held that the BECU accounts belonged to the beneficiaries and imposed a constructive trust. Garcia appeals asserting, among other things, that the trial court erred by entering a judgment against Garcia individually when she was not named as a defendant in her individual capacity in the petition, and the trial court erred when it concluded that John did not intend to create a joint account with right of survivorship. COA # 855743. King County Superior Court # 20-4-06820-6.
