Estate of Fleming CA4/1
More than one year after her brother, Terrence L. Fleming, died—Lois Zvolensky (Lois) petitioned the probate court to have title to real estate that was held in Fleming's name transferred to her under a real estate purchase contract. The court denied the petition on the ground it was time-barred under Code of Civil Procedure section 366.2.
Lois and her husband, Michael Zvolensky (collectively Petitioners), appeal, contending the one-year statute of limitations in section 366.2 does not apply because (1) a resulting trust arose; (2) Fleming did not breach the contract during his life; and (3) Petitioners suffered no damages until after Fleming died. For the first time in the reply brief, Petitioners also assert it is "unclear" whether section 366.2 applies to their petition, brought under Probate Code section 850. We reject these contentions and affirm.
Comments on Estate of Fleming CA4/1