Estate of Combs CA1/5

I. FACTS AND PROCEDURAL HISTORY

Danielle filed a Petition for Letters of Administration in the Estate of Jimmie D. Combs in May 2017. The trial court granted the petition and issued Letters of Administration to Danielle. In May 2018, Danielle filed a Report by Administrator to Establish Estate’s Claim of Ownership to Property and for Order Directing its Transfer to Estate. The petition, seeking relief under section 850, challenged the validity of a grant deed that Combs had signed more than eight years earlier (850 Petition).2 As amended during trial, the 850 Petition alleged causes of action for fraud, lack of capacity, undue influence, lack of delivery of the deed, voidness due to alteration, and constructive fraud. It also alleged a general section 850 claim based on voidability. Wilson opposed the 850 Petition and alleged 21 affirmative defenses, including unclean hands, laches, consent and waiver, unjust enrichment,

2 In September 2018, Wilson petitioned for bankruptcy protection to deal with debts unrelated to the Property, resulting in an automatic stay of these proceedings. The bankruptcy court later denied Danielle’s motion for relief from the stay to seek damages…