Too Late to Challenge Beneficiary Deed

Here, Patricia Brown filed an action seeking a constructive trust against her family members based upon a beneficiary deed that she claimed was fraudulent. The trial court dismissed the action on the basis that the statute of limitations had run. On review, the appellate court noted that constructive trusts apply to the wrongful retention of property, for which the ten-year statute of limitations begins to run with repudiation of the trust, but Ms. Brown did not allege wrongful retention or repudiation. Instead, she alleged wrongful acquisition, for which the statute of limitations starts to run with notice of the conveyance, which occurred with the filing of the beneficiary deed. Further, fraud does not toll that time so her action was time-barred.

Brown v. Pint, WD84032