Facts

Decedent, Robert Watkins, and plaintiff Estelle Frankel became intimate and moved into a house in Oceanside in April 1988. Robert Watkins recorded a deed that placed ownership of their home with plaintiff Frankel as joint tenants with right of survivorship.

The plaintiff contended that the decedent promised her that he would take care of her financially and that she would receive the entire house on his death if she would take care of him and the house. The decedent paid all the house bills and expenses. The plaintiff agreed and lived in the house continuously with the decedent for the next 16 years, providing upkeep for the house and yard, shopping and cooking meals, as well as taking the decedent to necessary medical appointments. The decedent was found to have carcinoma of the bladder in 2004, which led to his death in June 2004. The plaintiff continued to care for him during this time. Even though the decedent had little contact with his daughters, just prior to his death, the daughters flew out from Georgia and got their father to sign a quitclaim and amended trust documents that changed his trust and deed to cause one-half of the house to pass to his daughters upon his death.

The plaintiff sued for breach of oral contract (Marvin v. Marvin), undue influence - cancellation of instrument, and declaratory relief. The cross-complaint requested partition and the sale of the home with an accounting.

Decedent signed the April 2004 quitclaim deed while a resident in the Brighton Gardens skilled nursing facility approximately six weeks before his death and that the decedent's natural daughters obtained the quitclaim deed from a local San Diego north county attorney and brought it back to the nursing home for their father's signature.

The daughters concede that their father promised to make the plaintiff a joint tenant, but contended that he decided to end the relationship with the plaintiff when, she obtained the last $30,000 from his separate checking account while he was in the nursing home. The daughters contended that the decedent chose to move to George to live with his daughter upon discharge. Under these circumstances, the decedent was free to sever the joint tenancy and deed his interest to his living trust.

The daughters called three independent witnesses, including their father's treating physician, the director of social services for the nursing home, and an ombudsman who approved the execution of a health care power of attorney given to one of the daughters. All testified that they saw no indications of dementia, undue influence or coercion.

Settlement Discussions

The daughters demanded $190,000 at mediation in August 2005 (to buy out their interest in the house). Equity was estimated at $385,000. The plaintiff offered $45,000. In further discussion leading up to trial, the plaintiff offered $110,000 and the defendant demanded $170,000.

Result

The jury, after one day of deliberation, found that the transfer had been procured by undue influence or fraud and therefore was not a valid transfer. The jury also found that there was a breach of an oral contract for services and awarded $206,247 in damages to the plaintiff.

Deliberation

one day

Poll

11-1 (the transfer had been procured by undue influence or fraud and therefore was not a valid transfer), 11-1 (there was a breach of an oral contract for services by plaintiff)

Length

four days