Facts: A grantor exposed to toxic mold at their primary residence and taking prescription painkillers transfers property to an acquaintance as a gift. On the death of the grantor, an heir to the grantor’s estate who was aware of the transfer within four years of the conveyance, later contests the validity of the conveyance.

Claim: The heir claims the conveyance must be set aside as void and of no effect since property can only be transferred by someone mentally competent and toxic mold and prescription painkillers negatively affect the ability to reason and consent to the transfer.

Counterclaim: The grantee claims the transfer is valid since the grantor’s mental competency was not questioned during the four years before the running of the statute of limitations for challenging the conveyance.

Holding: A California court holds the transfer of property is valid since more than four years have passed since the transfer and the heir was aware of the transfer before the running of the statute of limitations and did not previously file an action to question the grantor’s mental capacity to convey. [Francesca Tosti, et al. v. Cahto Blue, LLC (2025) ____ 9th Cir.___]

Francesca Tosti, et al. v. Cahto Blue, LLC

 

Related RCDs

Does a transfer by quitclaim deed to the transferor’s caregiver for inadequate consideration constitute a donative transfer and invalidate the deed?

May a lis pendens recorded on a property purchased with trust assets be expunged when the appointment of the successor trustee and sole beneficiary is disputed?

Related Reading

Real Estate Legal Aspects Chapter 18: A deed as a transfer