Estate of Schenkhuizen
Appellant appeals from a judgment of the Alameda County Superior Court granting in part and denying in part his petition pursuant to Probate Code section 850 to recover property, for imposition of a constructive trust, for double damages and for financial elder abuse against respondents Winniefred Smit and Michael Smit. Ronald and Winniefred are the children of decedents Eveline and Max Schenkhuizen. Michael Smit (sometimes referred to as Michael Smith) is Winniefred's son. At the time this petition was filed, Winniefred and Michael each held sole record title to one of two separate parcels of property (the Omar Street property and the Santa Rosa Way property) pursuant to separate joint tenancy deeds executed by Eveline. The trial court held Eveline and Max had been competent to execute the various documents and transfers, that the transfer of the Santa Rosa Way property was not the product of undue influence by Winniefred, and that each deed was validly executed and each was validly delivered.
Ronald contends on this appeal that there is no substantial evidence to support the court's findings that the two deeds were validly delivered. He further contends that the trial court erred in failing to make any finding in its statement of decision that the transfer of the Omar Street property was intended or understood to be irrevocable.
Court affirm the judgment.
Comments on Estate of Schenkhuizen