Keller

INTRODUCTION

Plaintiff and cross-defendant Ronald D. Keller appeals from a judgment in favor of defendant and cross-complainant Lyle R. Keller. We reverse with directions.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Keller Brothers and Their Dispute1 Lyle R. Keller (Lyle) and Ronald D. Keller (Ron) are two of the five sons of George Keller (George).2 In the 1980‟s Lyle and Ron were roommates. Lyle was a real estate broker and invested in real estate with Ron and on his own. Lyle provided the financing and Ron worked on the properties. Ron relied on Lyle‟s expertise as a broker in making the real estate investments. In late December 1986 and early 1987 Lyle completed the purchase of real property on Merced Avenue in Baldwin Park from George. Lyle gave his father a promissory note and a deed of trust, which were recorded. On February 17, 1987 Lyle executed a quitclaim deed transferring the property to Ron. Handwriting on the deed stated: “This is a [b]onafide [sic] gift and the grantor received nothing in return. R&T 11911.” Lyle, however, continued to manage the property, leasing it and paying insurance and property taxes on it. Lyle also became executor of George‟s estate…