Kogudus v. Jurgenstein CA2/4
Appellant Eelk Tallinna Jaani Kogudus (Jaani) was the sole beneficiary under the Will and Trust of Aime Amalie Henriette Nii (Nii), who bequeathed Jaani real estate Nii owned in Los Angeles. Respondents, who were Nii’s caretakers, allegedly procured changes to the Will and Trust in their favor through undue influence in 2000. Nii died in 2003. In 2004 Jaani received a cash distribution from the estate, yet Jaani claims it did not learn of changes made to the Will and Trust until 2012. The probate court sustained respondents’ demurrer on statute of limitations grounds to Jaani’s petition stating claims for declaratory relief, breach of fiduciary duty, conversion, and cancellation of deed. We reverse.
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