Mary P. Samson v. Thomas G. Fogarty Trust
Published: May 12, 2012 | Result Date: Oct. 27, 2011 | Filing Date: Jan. 1, 1900 |Case number: 2654245 Bench Decision – Equitable Award
Court
Napa Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Basil N. Plastiras Jr.
(Plastiras & Terrizzi)
(technical)
Defendant
Steven R. Lewis
(technical)
Facts
In 1999, Thomas Fogarty signed deeds to 5 properties creating a joint tenancy between himself and his daughter, Mary Samson. On July 9, 2009, Fogarty executed grant deeds to the same properties transferring an undivided one half interest to himself as trustee of his living trust.
Contentions
PLAINTIFF'S CONTENTIONS:
Samson filed suit against her siblings, Christine Steltzner and Thomas M. Fogarty, as trustees of the Thomas G. Fogarty Trust, alleging undue influence. She contended that her siblings coerced their father, a frail, unwell 93-year old, to sever her joint tenancy survivorship rights.
Result
The court quieted title to the properties to Samson effective as of the date of Fogarty's death.
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