Burk v. Barnes, et al.
Published: Aug. 24, 2004 | Result Date: Jun. 7, 2004 | Filing Date: Jan. 1, 1900 |Case number: 250211SPC Bench Decision – $0
Judge
Court
Kern Superior
Attorneys
Plaintiff
Defendant
Facts
This was a bifurcated court trial, the first phase of which was to adjudicate title to the subject property (a small ranchette and acreage located northeast of Bakersfield). Title to the subject property was held in the name of the plaintiff's deceased wife, Barbara Rutledge Burk, as her sole and separate property. The plaintiff was Buddy R. Burk. The plaintiff's wife of 36 years died testate on Nov. 24, 2002. The plaintiff and the decedent's three adult children (defendants) survived her. The decedent made a handwritten Will that provided, "Everything I own I leave to my husband, Buddy R. Burk to be dispensed as he sees fit." During the 36-year marriage, the plaintiff was the sole income earner while his wife remained at home. The plaintiff had provided substantial monetary support to the defendants throughout the years and even following his wife's death. Although the subject property was acquired in the name of the decedent alone, in 1989 all payments to purchase the subject property, and for improvements, property taxes, repairs and maintenance costs, were paid by the plaintiff alone. When the decedent died in 2002, she left a Will dated Oct. 18, 1995 which contained the language set out above.
Settlement Discussions
The plaintiff offered to convey to the defendants a right of first refusal in the subject real property and an option to purchase the subject real property at market value. The defendants rejected the proposals. The defendants offered to allow the plaintiff to reside on the property until his death.
Damages
Title to the subject property was at stake. The value of the subject property is roughly estimated to be between $150,000 and $200,000.
Result
Judgment was issued in favor of the plaintiff and against the defendants, quieting title to the subject property in the plaintiff. The economic result to the plaintiff was approximately $150,000 to $200,000.
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