With the holidays fast-approaching and, with it, the opportunity for family to get together, we wanted to provide you with a not-so-nice family situation, so that you may better appreciate your own situation.  Happy holidays!  The recent case of McMillin v. Eare, Case No. B298990, 2021 WL 4949007 (Sept. 30, 2021) is an intriguing matter, involving a family dissolution and an ensuing fight over the family’s real estate.  The decision reminds us of two important (legal) lessons and a third (value) lesson:  first, you don’t owe a fiduciary duty to your family members, just because they are family (sorry Mom!); second, when you deed a property to another, you have transferred it and longer have any right to it, regardless of any purported conditions of the transfer; and, third, be nice to your family and grateful for your loved ones.

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