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Tuesday, January 16, 2018  
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Yeh v. Tai

Cal.App. 2nd Dist. (B280003)

Plaintiff claims to have purchased a condominium with her deceased husband, and transferred it to him so that they could obtain a more favorable loan. She claims that he promised to place her back on the title to the property, and that she could sell it or keep it after his death. Instead, he transferred the title to a trust, of which his children from a prior marriage are beneficiaries. The court overturned the probate court's sustaining of a demurrer, and held that the statute of limitations in C.C.P. Sections 366.2 and 366.3, which provide that an action must be filed within one year of death, did not apply. Instead, Family Code Section 1101 applies, which contains its own statute of limitations and specifically addresses marriages ending by death. Under Section 1101, breach of fiduciary duty claims filed after the death of a spouse are governed only by equitable principles of laches, and defendants did not argue that plaintiff’s claim is untimely under laches principles.


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