Jenkins

In 2007, Robert (Bob) Perry quitclaimed a house to defendant Charlotte J. (Jeanne) Teegarden, who was his friend and one of his caregivers. Teegarden prepared the quitclaim deed. In her deposition, Teegarden admitted that the only consideration that she gave for the quitclaim consisted of one dollar and her friendship. At trial, however, she testified that, pursuant to an oral agreement with Perry, she also gave (1) $100,000, which went into improvements to the house, (2) her $45,000 equity in a different house, and (3) her services.

Plaintiff Merilou Jenkins is Perry’s stepdaughter and, since Perry’s death, the trustee and beneficiary of his trust. In this proceeding, Jenkins contends that the quitclaim was invalid under Probate Code former section 21350, which, at the time, provided that a “donative transfer” is invalid under specified circumstances, including when the recipient drafted the instrument that effected the transfer. Jenkins also contends that the quitclaim deed was ineffective because it was executed by Perry in his individual capacity instead of as trustee and because it had an erroneous legal description.

The trial court found that the quitclaim was not…