In re Warren Family Revocable Living Trust CA2/4
Petitioner Sheryl Sirignano appeals from the denial of her petition seeking redress for her mother’s sale of an asset of the family’s irrevocable trust of which petitioner was a beneficiary. The probate court denied her petition principally on statute of limitations grounds because her mother sold the property in 2004, but petitioner did not commence her action until 2015. On appeal, petitioner asserts that the statute was tolled under equitable principles of delayed discovery and estoppel. We find that the facts pleaded establish that petitioner had no knowledge of the transfer until after her mother’s death, thereby tolling the statute of limitations, and reverse the trial court’s order on her first and second causes of action for enforcement of trust and accounting, and affirm on the third and fourth causes of action for imposition of constructive trust and enforcement of abatement rights.
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