In Re Estate of Yool
Opinion
Opinion
Two children of the decedent attack the order on a petition in probate directing the administrator of their mother's estate to quitclaim to their sister any interest of the estate in certain real property. In reaching this decision, the court rejected the siblings' assertion that the petition was barred by the one-year statute of limitations set forth in Code of Civil Procedure section 366.2. As we explain, this decision is correct. Section 366.2 pertains to actions on the "liability of the person" that survive the decedent's death. The petition asserted a resulting trust. This doctrine does not implicate the personal liability of a decedent. Nor was there any cause of action, whether accrued or not accrued, that existed at the time of death. Accordingly, we affirm the order.
The facts as set forth in the agreed statement are undisputed. Leona W. Yool (decedent or Yool) died on July 29, 2002, and was survived by four children. Decedent bequeathed all her property to a trust, with her four children as equal beneficiaries. Respondent Joseph M. Starita was appointed as the special administrator of decedent's estate in April 2003.