Quitclaim Deed To Caregiver Was A Donative Transfer.

A husband and wife had a caretaker. After the wife died, the husband quitclaimed a house to the caretaker. The couple’s daughter brought action against the caretaker, contending the quitclaim deed was invalid. In her deposition, the caretaker admitted the only consideration she gave for the quitclaim consisted of one dollar and her friendship. She told a different story at trial.  The trial court found the quitclaim deed was not a donative transfer and entered judgment in favor of the caretaker. In reversing, the appellate court stated: “A donative transfer above a certain minimum value to an unrelated drafter of the transfer instrument was invalid — even if the transferee could disprove fraud, menace, duress, and undue influence — unless it had been either reviewed by an independent attorney or approved by a court.” (Jenkins v. Teegarden (Cal. App. Fourth Dist., Div. 2; October 23, 2014) 230 Cal.App.4th 1128, [179 Cal.Rptr.3d 304].)