Dorn

Donald P. and Dixie D. Dorn were married in 1975. In 1981, they purchased a home in Fullerton taking title as “husband and wife, as joint tenants." In 1992, the marriage fell apart and Dixie moved out. However, a few months later she discovered she was dying from cancer.

On September 20, 1993, and while she was in the hospital, Dixie executed a quitclaim deed purporting to transfer the family home to “Dixie D. Dorn, Irrevocable Trust dated September 20, 1993.” The purpose of the deed, so we are told, was to enable Dixie to transfer her interest in the family home to her daughter by a former marriage, Tammy Gutermuth. Dixie unexpectedly died the following day.

On September 30, 1993, Donald recorded an “Affidavit—Death of Joint Tenant” with the county recorder.

On October 25, 1993, Juanita Solomon, as trustee of the irrevocable trust, recorded the quitclaim deed. Donald, complaining that the property was uninsurable with the quitclaim deed of record, filed this action for declaratory relief, quiet title, and to cancel it. Following completion of discovery Donald filed a motion for summary judgment, which was granted. The trustee appeals.

I

Although the trustee makes…