Kafka v. Hess

George Kafka's (plaintiff's) mother deeded him her house, reserving a life estate for herself, and an attorney recorded that deed in 2010. After his mother's funeral, Kafka found valuables missing and was told by his aunt, Gladys Hess (defendant), to leave; unsure of his rights, he stayed away. He later learned Hess was trying to sell the house despite a title search showing it belonged to him, and that a second deed recorded in 2011 - purporting to transfer the house to Hess if Kafka's mother didn't dispose of it otherwise during her life - had made the title uninsurable. An attorney told Kafka that because Hess had spent over $71,000 maintaining and preparing the house for sale, she should get half the sale proceeds. Kafka sued for declaratory judgment; Hess's related state suit was consolidated with it. Hess conceded Kafka owned the property but demanded restitution for her expenses, and Kafka moved for summary judgment on that restitution claim.