California Court of Appeal

In this case in which decedent Perry quitclaimed a house to defendant Teagarden, Teagarden drafted the quitclaim deed and testified that, pursuant to an oral agreement with Perry, she gave as consideration improvements to the house, an investment of equity in a different house, and her services. Judgment finding that the quitclaim was not a donative transfer is reversed and remanded for further proceedings, where under both the former Probate Code section 21350 and the current Probate Code section 21380, a transfer is a donative transfer if it is inadequate consideration, and the mere fact that the recipient gave good consideration sufficient to support a contract does not prevent the transfer from being donative.

Appellate Information

• Decided 10/23/2014
• Published 10/23/2014

Judges

• Richli

Court

• California Court of Appeal

Counsel