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Real Property
Quiet Title
Undue Influence

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

Stephen R. Gianelli


Defendant

Paul M. Stoychoff


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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