Estate of Dayan

Trial court properly concluded that decedent’s action in quit-claiming a one-third interest in a parcel of real property to defendant prior to her death could be construed consistently with her will, which disposed of all property owned by her probate estate at the time of her death.  Before her death, decedent quit-claimed a one-third interest in a parcel of real property to defendant.  Her will provided that it was her intent by the will to dispose of all property of her probate estate.  The will was properly interpreted to mean that decedent was not trying to distribute, through her will, property she no longer owned due to her having quit-claimed before her death.  Also, defendant’s assertion of his quit-claimed one-third interest in the parcel did not offend the will’s no-contest clause under revised Probate Code 21311.  Defendant did not present a direct challenge as he did not seek to invalidate the will.  Defendant also did not challenge the decedent’s transfer to him of the parcel or claim that she did not own it when she executed the quit-claim deed.  Finally, defendant did not file a creditor’s claim in the estate.

California Court of Appeals, Second District, Division 5 (Turner, P.J.); November 3, 2016; 2016 WL 6520113


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