Dudek v. DudekAnnotate this Case
Petitioner David Dudek appealed after the trial court sustained the demurrer of respondents Anne Kebisek Dudek, Tiffany Guzman, Jeanette Kebisek, Mary Kebisek, Guillermo Andrade, Maria Sanchez, Ora Day, Tonya Courtney, and Michael Quinn to David's petition to recover money distributed to the respondents in accordance with the beneficiary designation of Genworth Life Insurance Policy #5804946 (the Policy), which covered the life of J.D. Dudek (J.D.), Petitioner's brother. According to David, in late 2009, J.D. created and executed the J.D. Dudek Life Insurance Trust, naming David as the trustee. David asserted the Policy was listed as an asset of the Trust, to be held and administered in accordance with the Trust's terms. According to the Petition, J.D. prepared and submitted to the life insurance company the forms required by that company to change the ownership and beneficiary designations on the Policy in order to establish David, as trustee, as the sole owner and named beneficiary of the Policy. David was unaware that not long after J.D. submitted the forms, the insurance company rejected the ownership and beneficiary designation forms because J.D. had altered some of his entries without initialing the changes. David was also unaware that J.D. had failed to file corrected forms with the life insurance company after he was notified of the insurance company's rejection of his submitted forms. After J.D. died, David produced the Trust to the life insurance company and sought to obtain the proceeds of the policy. However, the life insurance company distributed the proceeds of the policy to the beneficiaries that it had on file, pursuant to the beneficiary designations that J.D. submitted prior to the alleged change. David subsequently sought an order directing the respondents to transfer the proceeds of the Policy to him as the trustee of the Trust. The Court of Appeal reversed the trial court, finding that if David could establish the facts alleged in the Petition, then it would be clear that J.D. created an irrevocable trust, and properly funded it, when he delivered to David the transferring document. "If the Trust was created, then David's entitlement to the proceeds of the life insurance policy that was an asset of the Trust would be established, and he would be able to seek the court's assistance in having those proceeds conveyed to him in his capacity as trustee. The trial court therefore should not have sustained the respondents' demurrer to David's Petition."