194 Cal. App. 4th 128
Cal. Ct. App.2011Background
- McGinness died intestate on October 1, 2004; McMackin lived with her, paid home expenses, and claimed a life estate promised for 17 years of care and companionship.
- Estate proceedings for McGinness were opened February 25, 2008, with letters of administration issued April 14, 2008.
- In January 2010, McMackin filed suit asserting, among other theories, a Marvin claim for a life estate in the home based on the decedent’s promise.
- Frost and Ehrheart, as McGinness’s heirs, argued that the claim was barred by the one-year limitations period in §366.3.
- Trial court granted preliminary injunction, concluding the Marvin claim could be enforced and that §366.3 did not apply as a claim under Probate Code §9000.
- On appeal, the court held the Marvin claim is governed by §366.3 and also addressed whether equitable estoppel can preclude application of §366.3.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the life estate claim is a distribution claim under §366.3 | McMackin argues it is not a distribution claim under §366.3 | Frost and Ehrheart contend it is barred by §366.3 | Yes; the claim falls within §366.3 as a distribution from the estate |
| Whether equitable estoppel precludes §366.3 from barring the untimely claim | Equitable estoppel may bar the statute when misconduct induced forbearance | §366.3(b) prohibits tolling except as specified; estoppel should not apply | Equitable estoppel may preclude §366.3 in appropriate circumstances |
Key Cases Cited
- Estate of Ziegler, 187 Cal.App.4th 1357 (Cal. Ct. App. 2010) (applies §366.3 to a contract-to-make-a-will-like claim for distribution)
- Stewart v. Seward, 148 Cal.App.4th 1513 (Cal. Ct. App. 2007) (equitable estoppel can apply to enforce claims to distribution from estate)
- Battuello v. Battuello, 64 Cal.App.4th 842 (Cal. Ct. App. 1998) (distinguishes tolling from equitable estoppel; estoppel may preclude §366.2)
- Bernard v. Foley, 39 Cal.4th 794 (Cal. 2006) (discusses distribution and life estate context in related discussions)
- Ferraro v. Camarlinghi, 161 Cal.App.4th 509 (Cal. Ct. App. 2008) (extends §366.3 reach to equitable estoppel contexts)