California Court of Appeal

In an action which distills down to a Marvin claim based on a promise by decedent to leave a life estate in real property to her cohabitant, judgment of the trial court is affirmed because a claim that arises from an oral promise or agreement with a decedent for distribution from an estate is governed by CCP section 366.3, but may be subject to equitable estoppel, precluding a party from asserting the defense of laches where wrongdoing by that party induced another to forbear filing suit.

Appellate Information

• Decided 04/08/2011
• Published 04/08/2011

Judges

• MALLANO

Court

• California Court of Appeal

Counsel