Reversing a trial court, the Georgia Court of Appeals rules that a daughter's suit to set aside a quitclaim deed that her mother allegedly lacked the capacity to execute was not frivolous, and the daughter is not liable for attorney fees. Doster v. Bates (Ga. Ct. App., A03A2302, March 10, 2004).
Shortly after Oneida McGuffey married Johnny McGuffey in 1984, Mrs. McGuffey purchased a house that was deeded solely to her. In the early 1990's, Mrs. McGuffey was diagnosed with early stage Alzheimer's disease. In 1995, she executed a quitclaim deed transferring ownership in the house to Mr. McGuffey. A few years later, Mr. McGuffey died, and the house passed to his estate. Mrs. McGuffey's daughter, Faye Doster, brought suit as her mother's next friend in an effort to have the quitclaim deed set aside, alleging that her mother had lacked mental capacity. Mrs. McGuffey died while the action was pending, and Ms. Doster was named administratrix of the estate and proceeded with the suit in that capacity. In support of her position, Ms. Doster offered transcripts from the depositions of several of Mrs. McGuffey's doctors regarding her dementia.
The trial court ruled against Ms. Doster on summary judgment, and the Court of Appeals of Georgia affirmed. Frances Bates, the executrix of Mr. McGuffey's estate, then moved for attorney fees, which the trial court granted, ruling that Ms. Doster's suit was substantially frivolous and that she was liable for the fees both as administratrix and individually. Ms. Doster appealed this ruling.
The Court of Appeals of Georgia reverses. The court rules that as administratrix Ms. Doster owed a fiduciary duty to the estate and was arguably duty-bound to pursue the cause of action. The court also holds that "Mrs. McGuffey's Alzheimer's diagnosis raises, at the very least, a question as to her capacity to execute the quitclaim deed," noting that "Doster deposed multiple doctors to prove the Alzheimer's diagnosis, which undermines any inference that she considered the claim frivolous."
For the full-text of this decision, go to: https://www.leagle.com/decision/20041295596SE2d699_11199
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